J CHAKRADHAR Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(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' ).