Andhra Pradesh High Court – Amravati
Suryadevara Jayaprada vs The State of Andhra Pradesh
BENCH – THE HON’BLE DUPPALA VENKATA RAMANA
Writ Petition No. 13629 of 2023
DATE OF JUDGEMENT – 12 MAY 2023
FACTS
The Learned counsel for the petitioner submits that, without giving any opportunity to the petitioner, the 5th respondent (Sri BalakoteswaraSwami Temple) was making efforts to demolish the temple structures and to reconstruct the same by moving the deity from sanctum sanctorum to flagstaff (dwajastambham). He further argued that no Expert’s report is filed with regard to the soundness and strength of the structures of the temple and that the sanctum sanctorum, structures of the temple need not be demolished in the absence of the Expert’s report and therefore, intervention of this Court is sought for.
The Learned counsel for the respondents submitted that the main deity will not be shifted from the sanctum sanctorum and will not be touched and the main deity will be in tact in the sanctum sanctorum. It is further submitted that the structural conditions of the sanctum sanctorum was in a weak condition and needs to be rebuild. The Learned counsel for the respondents further submitted that instructions were received from the concerned authorities in this regard and accordingly, undertaking may be recorded to that effect. A perusal of the record, it appears that the soundness and strength of the structure of the 5th respondent needs to be examined by the expertise committee.
JUDGEMENT
In this case having regard to the facts and circumstances of the case and considering the submissions of the counsels appearing for the parties, this Court prima facie satisfied that the petitioner has shown sufficient cause and it is a fit case to grant of interim direction. Accordingly, IA No.1 of 2023 allowed and status quo obtaining as on date with regard to the 5th respondent shall be maintained till 13.06.2023. In the meanwhile, the respondent authorities shall file Expert’s Report and counter-affidavit, if any.
JUDGEMENT REVIEWED BY HARSHIT JAIN
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