Belagavi’s Yellamma Devi temple not private property: SC

New Delhi 

The Supreme Court (SC) on Thursday overturned a Karnataka High Court (HC) order that had classified the centuries-old Yallamma Devi temple at Jalalpur village in Belagavi district’s Raibag taluk as private property.

A bench comprising Justices M M Sundresh and Koteshwar Singh observed that ancient temples open to public worship are presumed to be public temples unless strong evidence proves otherwise.

The apex court remanded the matter to the HC for fresh consideration, instructing it to examine court records and evaluate the evidence in detail. The appeal was filed by Mallari, represented by advocates Rajesh Inamdar and Shashwat Anand.

Counsel for the petitioner argued that the temple, dating back to the Peshwa dynasty, serves devotees at large and cannot be claimed as private property by hereditary pujaris. They noted that previous litigation addressed only puja rights, not ownership, and highlighted the absence of any proof establishing private ownership.

It was further submitted that the State government, in affidavits before both the HC and the SC, had clearly stated that the temple belongs to the local Gram Panchayat. The bench agreed, remarking that the High Court had wrongly relied on a 1986 judgment that dealt exclusively with puja rights.

Setting aside the High Court’s ruling, the SC directed that the matter be reconsidered, particularly on the question of registering the temple as a public temple under the Bombay Public Trusts Act, 1950.

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