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A Supreme Court bench of Justices DY Chandrachud, Surya Kant and Bela Trivedi today dismissed a plea by Andhra Pradesh BJP leader G Bhanu Prakash Reddy challenging establishment of new collectorate at Padmavathi Nilayam, a guest house owned by Tirumala Tirupati Devasthanam (TTD).
Reddy had approached the single judge of the Andhra Pradesh High Court by filing a writ petition on the ground that TTD resolved to hand over the property to the government without any determination to the effect as to whether the same is in the interest of the deity and the devotees showing clear non-application of mind.
He had further contended that the action of TTD was in contravention of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the rules framed thereunder.
The single judge bench of the High Court had on March 22, 2022, granted an interim stay for a period of 2 weeks in the matter, however, the same was challenged by way of an appeal. Thereafter, the division bench of the High Court on March 24, 2022 vacated the interim stay granted in the matter.
Following that, Reddy approached the Supreme Court by way of a writ petition on the ground that the High Court division bench failed to appreciate the fact that the interim protection was for a limited period of time and that he has a prima facie case and even the balance of convenience in his favour.
Advocate D. Seshadri Naidu, briefed by Amit Pai, AoR, appearing for Reddy, submitted that the order of the government and the subsequent action of TTD is contrary to Section 23 of the AP Charitable and Hindu Religious Institution and Endowments Act, 1987 which states that the trustee of every religious institution or endowment is to administer its affairs, manage its properties and apply its funds in accordance with terms of the trust for the usage of the institution or endowment and all lawful directions which competent authority may issue.
He further submitted that decision to lease the land of the trust and complex thereon has been made in the absence of any prior sanction of the government as required under Section 75 of the Act. He further argued that the procedure as adopted by the respondents also violates Section 111(4) of the Act which lays down the purposes for which funds of TTD can be utilized. It was argued that TTD had taken the decision without considering the plight of the devotees.
The court on hearing the submissions refused to interfere with the order of the High Court and dismissed the SLP.
Case title: G.Bhanu Prakash Reddy Vs District Collector, Chittoor
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