New Delhi, Feb 20 (Reporter)The Supreme Court on Wednesday reiterated that the Andhra Pradesh Government Order (GO) dated November 9, 2015, which prohibits non-Hindu vendors from participating in auction for grant of lease for temple shops, cannot be enforced due to the apex court’s stay on the High Court judgment upholding the GO. A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan issued this clarification while disposing of an application that challenged a tender process incorporating the contested rule. “The judgment has been stayed by this court through an interim order passed on January 27, 2020. The impugned judgment affirms G.O.MS. No. 426, Revenue Endowments, dated November 9, 2015. In view of the stay granted on the operation of the impugned judgment, we clarify that the GO dated November 9, 2015, shall not be acted upon,” the Court held. The Supreme Court had earlier stayed the Andhra Pradesh High Court’s September 2019 judgment, which had rejected writ petitions challenging the GO as violative of Articles 14 and 15 of the Constitution. During the hearing, the counsel for the State informed the Court that the tenders incorporating the GO had been mistakenly issued but were later withdrawn. She assured the Court that instructions were being sent to local temple administrations to prevent similar occurrences in the future. However, the applicant’s counsel contended that despite the stay, authorities continued including such clauses in tenders, arguing that the GO itself had not been explicitly stayed. Justice Oka sought a categorical assurance from the State that it would not act upon the 2015 GO. The State’s counsel affirmed that there was “no question” of violating the Court’s stay order and reiterated that clear instructions were being issued to prevent any ambiguity. The bench then clarified that, in light of the Supreme Court’s stay on the High Court judgment, the November 9, 2015, GO shall not be acted upon. The contested GO had introduced Rule 4(2)(k) and Rule 18 in the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights (Other than Agricultural Lands) Leases and Licenses Rules, 2003, barring non-Hindus from participating in temple shop auctions. In December 2021, the Supreme Court permitted individuals of all religions to participate in the auction for grant of lease for shops at the Sri Brahmaramba Mallikarjuna Swamy Temple in Kurnool. The court had directed that tenants and shopkeepers should not be excluded from auctions based on religion while hearing a contempt petition against state authorities for allegedly violating its stay order. The Supreme Court is scheduled to hear the Special Leave Petition (SLP) challenging the High Court's decision on March 4, 2025...////...