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2025 Supreme(AP) 315
IN THE HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI
DHIRAJ SINGH THAKUR, CJ., RAVI CHEEMALAPATI, J.
Mangati Gopal Reddy, S/o. Mangati Venkatarama Reddy – Petitioner
Versus
The State Of Andhra Pradesh Rep By Its Principal Secretary and Others – Respondents
Writ Petition No. 7452 Of 2017
Decided On : 19-02-2025
For the Petitioner: N. Bharat Babu.
For the Respondents: Sundari R Pisupati, GP For Endowments (AP), A Sumanth (SC for TTD), NVS Prasada Varma.
Funds of Tirumala Tirupathi Devasthanams can be utilized for other Hindu religious institutions as permitted by the A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987.
Headnote:
(A) A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987 - Sections 111 and 72 - Challenge to G.O.Rt.No.1010 and resolution No.187 regarding fund disbursement for land purchase for a temple - Petitioner contended that funds can only be used for TTD purposes - Respondents argued that funds can be utilized for other religious institutions under the Act - Court found no illegality in the issuance of G.O. or resolution. (Paras 3, 4, 12, 16)
(B) Public Interest Litigation - Scope - The court emphasized that the merits of the case must be evaluated rather than the conduct of the petitioner in previous petitions. (Paras 11, 17)
Facts of the case:
The petitioner challenged the legality of a government order and subsequent resolution allowing the disbursement of funds from TTD for purchasing land for another temple, arguing it violated the provisions of the Act, 1987.
Findings of Court:
The court found that the funds could be utilized for other Hindu religious institutions as per the Act, thus dismissing the petition.
Issues: The main issues were whether the funds of TTD could be used for purposes outside its own and the legality of the government order and resolution.
Ratio Decidendi: The court ruled that the provisions of the Act allow for the utilization of TTD funds for other religious institutions, affirming that the government has the authority to sanction such grants.
Result: Public Interest Litigation is dismissed.
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. 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 utilize
