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2025 DAILYLAW 42442 (AP)

TIRU KSHETRALA RAKSHNA SAMITHI v. THE STATE OF ANDHRA PRADESH

WP(PIL)/240/2025 · 2025-12-23

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010697052025 IN THE HIGH COURT OF ANDHRA PRADESH Between: Tiru Kshetrala Rakshna Samithi The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. GP FOR TOURISM 2. GP FOR ENDOWMENTS CORAM: THE CHIEF JUSTICE DHIRAJ SINGH THAKU SRI JUSTICE RAVI CHEEMALAPATI DATE : 24.12.2025 ORDER (per Justice Ravi Cheemalapati) This Writ Petition in the nature of Public Interest Litigation has been filed challenging G.O.Ms.No.21, Youth Advancement, Tourism and Culture (Tourism) Department, dated 07.08.2025 issued by respondent no.2 Secretary, Youth Advancement, Tourism and Culture (Tourism) Department exchanging the land belonging to respondent no.3 Devasthanam, Tirupathi, with that of respondent no.4 WP(PIL) No.240 of 2025 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WP(PIL) NO: 240/2025 Tiru Kshetrala Rakshna Samithi AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: Counsel for the Respondent(S): GP FOR TOURISM GP FOR ENDOWMENTS HIEF JUSTICE DHIRAJ SINGH THAKU SRI JUSTICE RAVI CHEEMALAPATI DATE : 24.12.2025 (per Justice Ravi Cheemalapati) This Writ Petition in the nature of Public Interest Litigation has been G.O.Ms.No.21, Youth Advancement, Tourism and Culture (Tourism) Department, dated 07.08.2025 issued by respondent no.2 Secretary, Youth Advancement, Tourism and Culture (Tourism) Department exchanging the land belonging to respondent no.3-Tirumala Devasthanam, Tirupathi, with that of respondent no.4-Andhra Pradesh HC,J & RC,J WP(PIL) No.240 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3483] ...PETITIONER ...RESPONDENT(S) HIEF JUSTICE DHIRAJ SINGH THAKUR This Writ Petition in the nature of Public Interest Litigation has been G.O.Ms.No.21, Youth Advancement, Tourism and Culture (Tourism) Department, dated 07.08.2025 issued by respondent no.2-Principal Secretary, Youth Advancement, Tourism and Culture (Tourism) Department Tirumala Tirupathi Andhra Pradesh HC,J & RC,J WP(PIL) No.240 of 2025 2 Tourism Authority, and the consequential G.O.Ms.No.45, Youth Advancement, Tourism and Culture (Tourism) Department, dated 13.12.2025, issued by respondent no.2 for allotment of land to respondent no.7-Svara Hotels Limited (Oberoi group) for the purpose of commercial hospitality, being illegal, arbitrary, violative of provisions of Andhra Pradesh Charitable Hindu Religious Institutions and Endowments Act, 1987 and powers & functions of TTB Board Rules, 1990, G.O.Ms.No.746, Revenue (Endowments.III) Department, dated 02.06.2007 issued by Government and G.O.Ms.No.338, Panchayat Raj and Rural Development (PTS.IV) Department, dated 16.09.2005, Water Land and Trees Act,2002, Wild Life Protection Laws, Environmental Protection Laws besides being contrary to Articles 14, 25, 26 and 300-A of the Constitution. 2. The contents of the petition, in brief, are that: The petitioner claims to be a society formed with an objective to protect the interests of the Tirumala Tirupathi Devasthanams (TTD). That the petitioner filed WP(PIL) No.200 of 2024 for cancellation of G.O.Ms.No.24, Youth Advancement, Tourism and Culture (Tourism) Department, dated 24.11.2021 issued for allotment of 20 acres of TTD land to the erstwhile respondent no.7 and the said writ petition was disposed of by an order dated 18.06.2025 in view of cancellation of the said G.O. HC,J & RC,J WP(PIL) No.240 of 2025 3 It is further stated in the petition that thereafter, G.O.Ms.No.21, dated 07.08.2025 was issued by the Government permitting exchange of Ac.24.68 cents of land of the Andhra Pradesh Tourism Authority situated in Survey No.604 of Peruru Village, Tirupati Rural Mandal with the Tirumala Tirupati Devasthanams land of Ac.25.00 cents in Survey No.588/A in Tirupati, by executing a registered exchange deed with TTD. That thereafter, G.O.Ms.No.45, dated 13.12.2025 came to be issued allotting Ac.20-00 of land in Survey No.588/A exchanged in favour of APTA to M/s.Svara Hotels Limited- respondent no.7 for development of Oberoi (Vilas) Resort. According to the petitioner, the proposed establishment of facilities would not only undermine the sanctity of the region but the commercial activity that does not align with the spiritual objectives of the region is expressly prohibited and that exchange of the lands and allotment of land to respondent no.7 is a huge and rare scam. That exchange and allotment of land was only to facilitate commercial exploitation by a private hotels group involving activities such as bar, liquor service, spa and luxury tourism that are expressly prohibited. Therefore, the G.O. for exchange of lands and the G.O. for allotment of land to respondent no.7 are to be declared illegal, arbitrary and unconstitutional. HC,J & RC,J WP(PIL) No.240 of 2025 4 3. Heard Sri K.S.Murthy, learned senior counsel, representing Sri J.V.Phaniduth, learned counsel for the petitioner, and the learned Advocate General. 4. Sri K.S.Murthy, learned senior counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that the proposed construction activities pose a direct threat to the sacred nature of the Tirumala Hills and establishment of bars and lounges not only undermines the sanctity of the region and religion but also violates the spirit of the laws and regulations meant to protect the divinely significant area. He would further contend that the exchange is vitiated by unreasonable and improper consideration and huge financial loss to TTD, since the land belonging to TTD is valued at 200 crores and the land of the APTA is valued at 30 crores as per SRO value. Accordingly, prayed to allow the writ petition by setting aside the impugned G.Os. 5. On the other hand, learned Advocate General, would contend that the apprehension of the petitioner that the proposed construction activity would undermine the sanctity of the region and religion is hypothetical and imaginary. He would further contend that since the exchange was affected in compliance of Government Orders and in the larger public, religious and HC,J & RC,J WP(PIL) No.240 of 2025 5 institutional interest, the difference in value of the lands in Sub Registrar Office cannot be made a ground to impute motives to the G.Os. The learned Advocate General would further contend that the writ petition having been founded on hypothetical and imaginary apprehensions deserves dismissal. Accordingly, prayed to dismiss the writ petition. 6. Perused the material available on record and considered the submissions made by learned counsel for the parties. 7. Both the Government Orders were challenged on the grounds that exchange is vitiated by unreasonable and improper consideration and huge financial loss to TTD and that the region and religion sanctity would be undermined. 8. Copy of the resolution (item No.385) filed along with the writ affidavit would indicate that the properties exchanged are located opposite each other, but the values are different because one property is located within the Urban limits and the other within the rural limits. Further, the land exchanged in favour of TTD, which is abutting the Tirumala Hills, is suitable to develop a Base Camp to facilitate modal transit, reduce vehicular congestion in Tirumala and promote eco-mobility and therefore everything cannot be compared by its values. HC,J & RC,J WP(PIL) No.240 of 2025 6 9. Therefore, the twin grounds for attacking the Government Orders are purely imaginary and hypothetical. The writ petition lacks merit and deserves dismissal. 10. Accordingly, the Writ Petition (PIL) is dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. DHIRAJ SINGH THAKUR,CJ RAVI CHEEMALAPATI, J RR