2024 Supreme(Online)(Telangana) 47957
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI, J, ALOK ARADHE, CJ
Dr. Tripuraneni Hanuman Chowdary – Appellant
Versus
The Government of Andhra Pradesh Rep. by its Principal – Respondent
WP/18395/2009
THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.18395 of 2009 ORDER: (per the Hon’ble the Chief Justice Alok Aradhe)
Mr. Vedula Srinivas, learned Senior Counsel appears as amicus curiae.
Mr. Mohd. Imran Khan, learned Additional Advocate General appears for the State.
2. The petitioner claims to be an Engineering Graduate (Telecommunication) and has retired as Chairman and Managing Director of Vidhesh Sanchar Nigam Limited. The petitioner claims to have authored many articles of public interest both in Telugu and English and various articles were published in various journals. The petitioner claims to be the Chairman of “Pragna Bharati”, an intellectual think tank Association and also publisher of monthly journal of “Bharatiya Pragna”. In paragraph 4 of the affidavit, it has been averred that the petitioner is actively involved in organization, development, construction and protection of ancient temples in various districts. It is the case of the petitioner that the State is prohibited from providing any financial assistance to support any religion or religious activities. The petitioner therefore in this Writ Petition has assailed various Government Orders by which grant-in-aid was accorded to the implementation of Scheme of Repairs, Maintenance and Protection of Institutions belonging to Christians, Sikhs, Buddhists and Zorastrians (Parsis). Admittedly, grants have been sanctioned and disbursed in the year 2009. The reliefs sought in this Writ Petition filed as Public Interest Litigation are extracted below for the facility of reference.
“a) declaring the schemes of 1st respondent in promotion of religious purposes of Christianity by extending grant-in-aid for constructions, repairs, maintenance, improvement, and renovations etc of institutions belong to Christians as unconstitutional beside being violative of Art. 14, 25, 26, 27, 266 and 283 of the Constitution of India b) declare further G.O.Ms.Nos.42 dated 19.12.2001 for other Minority Communities i.e., Christian, Sikhs, Buddhists and Zoroastrians (Parsis) and the implementation of the said Scheme in the G.O.Ms.Nos.42 dated 19.12.2001 by issuing further G.O.Ms.Nos.2 and 3 dated 8.2.2002 which provide Grant-in-aid for institutions belong to Christian communities as unconstitutional c) and consequentially set aside the G.O. Ms.Nos.42 dated 19.12.2001, 2 dated 8.2.2002, 3 dated 8.2.2002, 414 dated 1.9.2008, 416 dated 1.9.2008, 421 dated 2.9.2009, 422 dated 2.9.2008, 429 dated 5.9.2008, 430 dated 5.9.2008, 431 dated 5.9.2008, 432 dated 5.9.2008, 433 dated 5.9.2008, 434 dated 5.9.2008, 435 dated 5.9.2008, 439 dated 6.9.2008, 440 dated 6.9.2008, 441 dated 6.9.2008, 442 dated 6.9.2008, 444 dated 6.9.2008, 445 dated 6.9.2008, 503 dated 11.9.2008, 529 dated 15.9.2008, 530 dated 15.9.2008, 531 dated 15.9.2008, 532 dated 15.9.2008, 533 dated 15.9.2008, 534 dated 15.9.2008, 535 dated 15.9.2008, 536 dated 15.9.2008, 548 dated 19.9.2008, 549 dated 19.9.2008, 560 dated 26.9.2008, 572 dated 27.9.2008, 573 dated 27.9.2008, G.O.Rt.No.nil dated 27.9.2008, GORT No.575 dated 27.9.2008, G.O.Ms.No.575 dated 27.9.2008, 576 dated 27.9.2008, 577 dated 27.9.2008, 578 dated 7.9.2008, 585 dated 29.9.2008, 707 dated 24.11.2008, G.O.Rt.No.94 dated 21.2.2009, GO RT No.125 dated
2.3.2009 and G.O.Rt.No.126 dated 2.3.2009.”
3. This Court had heard the learned counsel for the petitioner on 05.02.2024 and thereafter, requested Mr. Vedula Srinivas, learned Senior Counsel, to assist this Court as amicus curiae.
4. We have heard the learned counsel for the petitioner who has reiterated the grounds urged in the petition and has submitted that Government Orders impugned in the Writ Petition are contrary to Article 27 of the Constitution of India and therefore, liable to be quashed.
5. Learned amicus curiae has submitted that Article 27 of the Constitution of India permits specific appropriation of the proceeds of any tax in payment of expenses for the promotion