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2025 DIGILAW 306 (AP)

Mangati Gopal Reddy, S/o. Mangati Venkatarama Reddy v. State Of Andhra Pradesh Rep By Its Principal Secretary

2025-02-19

DHIRAJ SINGH THAKUR, RAVI CHEEMALAPATI

body2025
JUDGMENT : (Ravi Cheemalapati, J.) Challenge laid in this writ petition is to the G.O.Rt.No.1010 Revenue (Endts.II) Department , Dated 27.09.2016 issued by respondent no.1 and the subsequent resolution No.187, dated 01.11.2016 of respondent no.4 and for a direction to respondent nos.1 and 2 to recover and deposit the funds disbursed by the Executive officer of respondent no.3 institution in favour of respondent no.5. 2. Pursuant to the note sent by Chief Minister’s Office enclosing representation from MLA, Anakapalli, wherein he has requested to sanction funds for purchase of land to cater the needs of pilgrims of Sri Nookambika Ammavari Devasthanam, Anakapalli town, the respondent no.1-Principal Secretary to Government Revenue (Endowements-II) Department, through the impugned G.O.Rt.No.1010, dated 27.09.2016, directed respondent no.3- Executive Officer, Tirumala Tirupathi Devasthanams, Tirupathi to sanction and release an amount of Rs.5.00 crores (Rupees five crores only) from the funds of Tirumala Tirupathi Devasthanams (for short, ‘TTD’). In pursuance thereof, the Board of Trustees,Tirumala Tirupati Devasthanam passed resolution No.187, dated 01.11.2016, resolving to release an amount of Rs.5.00 crores as a grant for the development of Sri Nookambika Ammavari Temple, Anakapalli town, Visakhapatnam. Accordingly, the said amount was disbursed. 3. The grievance of the petitioner, in nutshell, is that as per Section 111 of the A.P.Charitable & Hindu Religious Institutions & Endowments Act, 1987 (for short, ‘the Act,1987’), the funds of TTD shall only be utilized for the purpose of TTD and the purposes connected to it and more particularly, as per Section 111(4)(x) of the Act, 1987, acquisition of any land or other immovable property for the purpose of TTD can alone be made; however, the Government issued G.O.Rt. 1010, dated 27.09.2016 and the Board, though utilization of TTD funds cannot be used for purchase of land in respect of other temple, passed the impugned resolution. Therefore, the G.O.Rt.No.1010, dated 27.9.2016 and the consequential resolution No.187, dated 01.11.2016, are ex facie illegal, untenable and contrary to law and they are liable to be set aside, the funds disbursed are to be recovered and consequently it has to be declared that the funds of the TTD can only be utilized for the benefit of the religious, charitable and educational purposes mentioned in First and Second schedules of the Act,1987 and other purposes mentioned in Section 111 of the Act. 4. 4. The respondent nos.3 and 4 filed counter affidavit denying the material averments of the writ affidavit inter alia contending that Section 111(4) of the Act, 1987 clearly says that the funds of TTD may be utilized for all or any of the purposes mentioned under the said section and also for any other purpose permitted by any other provisions of the Act. Further, section 72(iv) of the Act, 1987 empowers to grant aid to any other Hindu religious institution or endowment which is in poor or needy circumstances or which requires renovation. Therefore, section 111(4) r/w.section 72(iv) of the Act makes it clear that the Government is having power to sanction grant to any other Hindu Religious institution of Endowment. Hence, there is no violation of any procedure and issuance of G.O.Rt. as well as the consequential resolution are well within the ambit of the Act, 1987. The writ petition is meritless and the same deserves dismissal. 5. Heard Sri N.Bharat Babu, learned counsel for the petitioner, and Sri A.Sumanth, learned Standing Counsel for Tirumala Tirupati Devasthanam. 6. Sri N.Bharat Babu, learned counsel, while reiterating the contents of the writ affidavit would contend that, as per Section 111 of the Act, 1987, the funds of TTD shall only be utilized for the purpose of TTD, however, the Government, though purchase of land for any other temple is not permissible under the Act, issued G.O.Rt. and the Board unmindful of the fact that funds of TTD shall be not be utilized for purchase of lands for any other temple, passed resolution, therefore, they are liable to be set aside and the amount already disbursed has to be recovered. Accordingly, prayed to allow the writ petition. 7. Sri A.Sumanth, learned Standing counsel, while reiterating the contents of the counter affidavit would contend that, there is neither illegality nor procedural irregularity in issuing G.O.Rt. or in passing resolution. He would further contended that earlier also the petitioner filed writ petition in the nature of Public Interest Litigation questioning a resolution passed by the Board, which ultimately was dismissed by the Hon’ble Supreme Court, finding that the petitioner has not come to the Court with clean hands and that the writ petition was filed with motives other than what was stated in the petition, at the instance of the persons hiding behind the veil. The same was reported, (2011) 5 Supreme Court Cases 484 as P.Seshadri vs. S.Mangati Gopal Reddy and others . This writ petition is nothing but another attempt of interfering with the functions of the temple without any reasonable cause. Accordingly, prayed to dismiss the writ petition. 8. Perused the material available on record and considered the submissions made by learned counsel for the parties. 9. The impugned G.O.Rt.No.1010, Revenue (Endts.II) Department, dated 27.09.2016 states that the then MLA, Anakapalli requested the Chief Minister to sanction funds to purchase land in and around Sri Nookambika Ammavari Devasthanam, Anakapalli town, to cater the needs of day by day increasing pilgrims to the temple. Pursuantly the Government directed the Executive Officer, Tirumala Tirupathi Devasthanams, Tirupathi to sanction and release an amount of Rs.5.00 crores (Rupees five crores only) from the funds of Tirumala Tirupathi Devasthanams in favour of Sri Nookambika Ammavari Devasthanam, Anakapalli town, Visakhapatnam District to purchase 4.00 acres of land in and around the temple for taking up further developments in Temple and providing Minimum facilities to the devotees. 10. Consequently the Board of Trustees of Tirumala Tirupathi Devasthanam passed resolution No.187,dated 01.11.2016, resolving to release an amount of Rs.5.00 crores as a grant for the development of Sri Nookambika Ammavari Temple. 11. Perusal of the decision relied on by the learned counsel for respondent in P.Seshadri vs. S.Mangati Gopal Reddy and others shows that the writ petition filed by the petitioner herein styled as Public Interest Litigation was ultimately dismissed by the Hon’ble Supreme Court making observations as contended by the learned counsel for the respondent. However, the same cannot be the sole ground to decide the issue involved herein and this writ petition has to be decided on its merits but not on the conduct of the petitioner in the earlier writ petition. 12. The core contest of the writ petitioner is that contrary to what has been envisaged in Section 111 of the Act, 1987, the Government had issued G.O.Rt. and pursuantly the Board passed resolution for release of the amount as a grant for purchase of land in respect of other temple, which is not all permissible under the scheme of Act, 1987. 13. For expediency, section 111 of Act, 1987 is extracted hereunder: “111. and pursuantly the Board passed resolution for release of the amount as a grant for purchase of land in respect of other temple, which is not all permissible under the scheme of Act, 1987. 13. For expediency, section 111 of Act, 1987 is extracted hereunder: “111. Funds of the Tirumala Tirupathi Devasthanams - (1) The Tirumala-Tirupathi Devasthanams shall have its own funds, the corpus of which shall include all the amounts received by it by way of donations, gifts, kanukas including offerings deposited in Hundis and any income from any other source and all payments by Tirumala-Tirupathi Devasthanams shall be made from the said funds. (2) The said funds shall be operated by an officer or officers authorized by the [Committee] in such manner and subject to such conditions as may be prescribed. (3) All monies belonging to the funds of the Tirumala-Tirupathi Devasthanams shall be deposited in such Bank or Treasury or be invested in such securities in accordance with such guidelines as may be issued by the Government in this behalf. (3) All monies belonging to the funds of the Tirumala-Tirupathi Devasthanams shall be deposited in such Bank or Treasury or be invested in such securities in accordance with such guidelines as may be issued by the Government in this behalf. (4) The funds of Tirumala-Tirupathi Devasthanams may be utilised for all or any of the following purposes and also for any other purpose permitted by any other provisions of this Act,- (i) the maintenance, management and administration of the temples specified in the First Schedule and the endowments and the properties thereof including the conduct or performance of religious rituals, functions and festivals connected therewith; (ii) the maintenance, management and administration of the educational or other institutions specified in the Second Schedule and the endowments and the properties thereof: Provided that the Government may, by notifications published in the Andhra Pradesh Gazette alter, add to, or omit any of the items in the said Schedules; (iii) propagation of Hindu religion by way of printing and publication of literature on religion and sale thereof at concessional price; (iv) propagation, promotion and popularisation of study of vedas, Hindu religion, philosophy or sastras, Indian Languages including Sanskrit, Sculpture, Hindu temple architecture and opigraphy; (v) training of archakas to perform religious worship and ceremonies and the training of adhyapakas and Vedaparayanikas; (vi) construction and maintenance of choultries and rest houses for the use and accommodation of the pilgrims; (vii) provision of water supply and other sanitary arrangements to the pilgrims and the worshippers; (viii) establishment and maintenance of hospitals and dispensaries for the relief of the pilgrims and worshippers visiting the temples; (ix) construction and maintenance of roads and communications and the lighting thereof for the convenience of the pilgrims and worshippers; (x) acquisition of any land or other immovable property for the purpose of the Tirumala-Tirupathi Devasthanams, if such acquisition is authorised by the Government; (xi) establishment and maintenance of dairy farm and a veterinary hospital for the animals of the Tirumala- Tirupathi Devasthanams; (xii) any work or undertaking for purposes of the Tirumala-Tirupathi Devasthanams, authorised by the Government; and (xiii) any other religious or charitable purposes connected with or incidental to the Tirumala-Tirupathi Devasthanams as may be prescribed. (5) The Tirumala-Tirupathi Devasthanams shall every year, out of its funds set apart a sum of not less than rupees seven lakhs towards the maintenance of Sri Venkateswara University and Sri Padmavathi Mahila viswa Vidhyalayam. (6) The Committee may, with the prior approval of the Government, utilise its surplus funds after providing for all the objects, namely, requirements or improvements of the Tirumala-Tirupathi Devasthanams and after making adequate provision for all the purposes for which such funds shall be lawfully spent, for such charitable or religious purposes, as may be prescribed.” 14. Section 111(4) clearly envisages that the funds of Tirumala- Tirupathi Devasthanams may also be utilised for any other purpose permitted by any other provisions of this Act. Further, as per Section 111(6) of the Act prior approval of the Government is required for utilization of funds. Therefore, the contention of the learned counsel for the petitioner that Government will not have any say in utilization of funds of TTD is unsustainable. 15. Section 72(iv) of the Endowments Act, 1987 states that surplus funds may be utilized as grant of aid to any other Hindu religious institution or endowment which is in poor or needy circumstances or which require renovation. 16. A cursory reading of Section 111(4) & Section 72(iv) of the Endowments Act, 1987 clarifies that surplus funds of TTD can be used as grant of aid to any other Hindu religious institution or endowment. By the impugned G.O.Rt. and the resolution, the funds of TTD are sought to be utilized for development of Sri Nookambika Ammavari Devasthanam, which undoubtedly a Hindu religious institution. Therefore, there is neither illegality nor infraction of any provision of the Act, 1987 either in issuing G.O.Rt. or in passing resolution as sought to be contended by the learned counsel for the petitioner. 17. In view of the above, this Public Interest Litigation is meritless and the same deserves dismissal. 18. Accordingly, the Public Interest Litigation is dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. Interim orders, if any, shall stand vacated.