APHC010555112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28607/2025 Between: 1. M RAVI, S/O. M. RAMADASU, AGED 40 YEARS, R/O. D.NO. 4-90A/1, A.K.BEDU, PICHATUR MANDAL, TIRUPATI DISTRICT - 517589. ...PETITIONER AND 1. THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF ENDOWMENTS FAC, ONE CENTER, OPPOSITE S GRAND RESTAURANT GOLLAPUDI, VIJAYAWADA - 521225. 3. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 4. THE ASSISTANT COMMISSIONER OF ENDOWMENTS, NEW BALAJI COLONY, TIRUPATI, ANDHRA PRADESH 517501. 5. THE EXECUTIVE OFFICER, SRI. PALLIKONDESWARA SWAMY DEVASTHANAM, SURUTPALLI VILLAGE, NAGALAPURAM MANDAL, TIRUPATI DISTRICT. 6. SRI D PADMANABHA RAJU, S/O. LATE SUBBARAJU, R/O. D.NO. 1- 74/A, KEELAPUDI, PICHATUR VILLAGE AND MANDAL, TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. G R SUDHAKAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 2. D V SASIDHAR 2. D V SASIDHAR The Court made the following ORDER: The writ petition, under Article 226 of the Constitution of India, is filed seeking the following prayer: “…to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of respondents No.2 in issuing the G.O.Rt.No. 1214, dt.09.10.2025, appointing the 6th respondent Member of the Board of Trustees to Sri. Pallikondeswara Swamy Devasthanam, Surutupalli Village, Nagalapuram Mandal, Tirupati District., as illegal, arbitrary and violative of article 14, 16 and 21 of the Constitution of India and consequently set aside the G.O.Rt.No. 1214, dt.09.10.2025 to the extent of the 6th respondent as Member of the Board of Trustees to Sri Pallikondeswara Swamy Devasthanam, Surutupalli Village, Nagalapuram Mandal, Tirupati District…” 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 4 and learned counsel for respondent No.6. 3. Learned counsel for the petitioner submits that respondent No.2 issued G.O.Rt.No.1214, dated 09.10.2025 appointing respondent No.6 as Member of Board of Trustees to respondent No.5 is contrary to the provisions of the Section 19 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) since there is a criminal case pending against respondent No.6. Even though, it is represented to withdraw the appointment of respondent No.6, respondent authority proceeded to continue appointment of respondent No.6. Hence, the writ petition. 4. Learned counsel for respondent No.6 submits that there is a crime pending against respondent No.6 and mere pendency of crime cannot attract any disqualification to hold the post as a member in trusteeship. He further relies upon section 19(e) of the Act which stipulates that a person is ineligible to hold the post as a member in a trusteeship only if he sentenced in a crime. He further submits that, in the instance case, only crime is pending against respondent No.6 and no sentence was awarded by any criminal court. Therefore, Section 19 disqualifications will not at all applicable to the respondent No.6. 5. Considering the submissions made by both the learned counsel and on perusal of the material on record and after perusing section 19 of the Act, it is relevant and appropriate to peruse section 19(e) of the Act and the same is extracted hereunder: 19. Disqualifications for Trusteeship - (1) A person shall be disqualified for being appointed as, or for being, trustee of any charitable or religiousinstitution or endowment – (a) … (b) … (c) … (d) … (e) if he has been sentenced by a criminal Court for an offence involving moral turpitude, such sentence not having been reversed; 6. On perusal of the Section 19(e) of the Act, it is clear and categorical that a person who is sentenced for an offence involving moral turpitude is ineligible and disqualified to hold the post as a member of trusteeship. Admittedly, in the instant case, only a crime is pending against the respondent No.6. So far, there is no sentence awarded in respect of the said offence. Hence, Section 19(e) is not applicable, to the case in hand. 7. In view of the same, the claim of the petitioner is contrary to law and the relief sought by the petitioner cannot be granted. 8. Accordingly, the writ petition is dismissed. No costs. Consequently, Miscellaneous Petitions, if any, pending, shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 27.01.2026 DDvvss HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 137 WRIT PETITION NO: 28607/2025 27.01.2026 DDvvss