A.V. Narasimha Charyulu, vs The State Of Ap Reptd. By Its Prl ...
2022 Latest Caselaw 199 AP

        THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

                 WRIT PETITION No.17081 of 2009

ORDER:-


         The petitioners are employees of the 3rd respondent-

Temple. It appears that the Government issued G.O.Ms.No.1245,

dated 29.10.2008, granting permission to the Commissioner,

Endowments Department to permit the Executive Officer of the

3rd respondent-Temple to take over and run a college named

Srimath Khadri Lakshmi Narasimha Swamy Amruthavalli Mahila

Degree College, Kadiri by providing land and funds of the Temple

for running the college. This college had been set up by the 4th

respondent.

2. Aggrieved by the said G.O., the petitioners had

approached this Court by way of this writ petition. This Court by

an order, dated 21.08.2009, had suspended the said G.O.

3. Sri A.Prabhakara Sarma, learned counsel for the

petitioners, submits that the said college has moved away. He

also relies upon a judgment of a learned single Judge of the

erstwhile High Court of Andhra Pradesh in J.Chakradhar vs.

Government of Andhra Pradesh and others1. In this case, a

Government General Hospital was sought to be handed over to

the Devasthanam for it's maintenance with its surplus funds.

The said move was opposed by a devotee of the Temple. The

erstwhile High Court of A.P. had thereupon allowed the writ

petition holding that the funds of any religious instructions

governed by the provisions of the Endowments Act shall not be

put to any other use, other than those, mentioned under Section

(2009) 3 ALD 49

72 of the Endowments Act, 1987. Section 72 of the Endowments

Act, 1987 does not provide for establishment or maintenance of

any secular educational institution.

4. In the circumstance, G.O.Ms.No.1245, Revenue

(Endowments.II) Department, dated 29.10.2008, is hereby set

aside. The Writ Petition is allowed, accordingly. There shall be

no order as to costs.

Miscellaneous Petitions, if any pending, in this petition,

shall stand closed.

_________________________ JUSTICE R.RAGHUNANDAN RAO

Date : 18.01.2022

SPP

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.17081 of 2009

Date : 18.01.2022

SPP