Telangana High Court Dismisses Appeal in Shaikpet Hanuman Temple Ownership Case
The Telangana High Court has dismissed a long-pending appeal that sought to declare a Hanuman temple and its adjoining land at Shaikpet in Hyderabad as private property. The court firmly held that such disputes must be adjudicated by the endowments tribunal, not civil courts, under the state's Endowments Act.
Court Upholds Endowments Department's Stand on Temple Land
The bench, comprising Justices K Lakshman and Vakiti Ramakrishna Reddy, upheld the position that the land belongs to the endowments department. This appeal, which had been pending since 2007, stemmed from a protracted dispute over the temple spread across 3.13 acres in Shaikpet.
Justice Ramakrishna Reddy emphasized that when a special law establishes a specific forum for certain disputes, the jurisdiction of civil courts is excluded. This ensures that subject experts can decide such matters appropriately. The court also noted a legal presumption in favor of such institutions being public, placing the burden of proof on the person claiming private ownership.
Appellant's Claims and Family-Maintained Temple Argument
The appellant argued that the temple was a private family institution constructed by his ancestors over 120 years ago using personal funds. He sought a declaration of ownership and an injunction to prevent the endowments department from interfering with the property.
To support his claim, the appellant relied on a registered will executed in 1977 and revenue records, including a ryotwari patta, asserting that the property belonged to his maternal uncle. He further contended that the temple was maintained by the family without public donations, thus should not be treated as a public endowment.
Endowments Department's Counterarguments and Legal History
The endowments department contested these claims, stating that the land was specifically granted for temple services. They argued that the appellant's predecessor was merely a mutawalli (trustee or manager), not the absolute owner. The department also presented a 1989 gazette notification that declared the temple an endowed public institution, which had remained unchallenged for decades.
Court's Final Directions and Liberty to Approach Tribunal
While affirming the 2007 lower court decree against the appellant, the high court granted liberty to approach the endowments tribunal. It directed the tribunal to decide the matter independently, in accordance with the law, without being influenced by any observations in the present judgment. This ruling underscores the specialized nature of endowment disputes and the importance of expert adjudication in such cases.
