(1) THE petitioner claims to be a devotee of Sri Durga Malleswara Swamy devasthanam, Indra Keeladri Hills, vijayawada, (for short 'the Devasthanam'). He feels aggrieved by the orders of the first respondent issued in G. O. Ms. No. 135, health, Medical and Family Welfare (Ml)Department, dated 11. 4. 2001. Through the said G. O. , the Government decided to handover the Government General Hospital, vijayawada to the Devasthanam for maintenance thereof with its surplus funds. It is stated that this step became necessary in view of the reorganization of the affairs between N. T. R. University of Health sciences, Vijayawada on the one hand and the Director of Medical Education, hyderabad on the other.

(2) THE petitioner contends that the funds of the Devasthanam are nothing but contributions made by the devotees in different forms and they cannot be utilized for any purpose other than the one for development of the temple or for propagation of the religious tenets with the Devasthanam.

(3) COUNTER-AFFIDAVIT is filed by the assistant Secretary, Government of A. P. , department of Medical and Health, hyderabad. It is stated that necessity to bring the Government Hospital under the control of the Devasthanam arose on account of the disturbance of budgetary allocations and availability of surplus funds with the Devasthanam. According to the respondents, the allocation of surplus funds for maintenance of Government Hospital is permissible under Section 72 of the Andhra pradesh Charitable and Hindu Religious institutions and Endowments Act, 1987 (for short 'the Act').

(4) HEARD the learned Counsel for the petitioner, the learned Government Pleader for Medical, Health and Family Welfare and the learned Standing Counsel for the devasthanam.

(5) IT is an age old practice that the persons with religious bent up of mind, express their faith towards the institutions symbolizing the deity or cult. This may include endowment of their properties or resources for the development and propagation of the institutions, or making of informal contributions in the form of offerings in hundi, etc. The object is to help the institution, to survive, flourish and develop. The persons, who make such contributions, feel their participation in the task, which according to them, is noble. The power vested with the Government to administer such institutions is limited to ensure that they are managed properly and the funds are not diverted for other purposes. To ensure objectivity in the matter of spending surplus funds, the a. P. State Legislature had enacted section 72 of the Act, which reads as under:

Section 72: Utilisation of surplus funds. (1) Where there is a surplus in the funds of an institution or endowment including a specific endowment attached thereto after providing for all the objects, needs, requirements or improvements of the institution or endowment and after making adequate provision for purposes referred to in sub-section

(2) of Section 57, the trustee may make an application in the manner prescribed for permission to utilize such surplus fund for all or any of the following purposes: (i) propagation of the religious tenets or the institution or endowment; (ii) establishment and maintenance of schools for the training of archakas, adhyapakas and vedaparayanikas and for the study of Divya Prabhandams and the like for furthering education in sanskrit; (iii) establishment and maintenance of, any institution in which special provision is made for the study of Hindu Religion, philosophy or Sastras or for imparting instruction in Hindu Temple Architecture, and for setting up libraries in connection with such study; (iv) grant of aid to any other Hindu religious institution or endowment which is in poor or needy circumstances or which require renovation; (v) establishment and maintenance of hospitals and dispensaries for the relief of the pilgrims and worshippers visiting the religious institutions; (vi) construction and maintenance of chou