APHC010562482025 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: 29061/2025 Between: 1. C PRASAD, S/O LATE C.SUBRAMANYAM, AGE 41 YEARS, MUSICIAN/ INSTRUMENTALIST, R/O D.NO.7-34-2, RAJULAKANDRIGA VILLAGE, S.S.PURAM POST, NAGALAPURAM MANDAL, TIRUPATHI DISTRICT 2. B.RAVI, S/O B.NARAYAN CHETTI, BUSINESS, AGED ABOUT 66 YEARS,R/O D.NO. 4-51/1, BRAHMIN STREET, NAGALAPURAM, NAGALAPURAM MANDAL,TIRUPATHI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF ENDOWMENTS, OPP. S.GRAND RESTAURANT, ONE CENTER, GOLLAPUDI, VIJAYAWADA . 3. JOINT COMMISSIONER, ENDOWMENT DEPARTMENT, TIRUPATHI, TIRUPATHI DISTRICT. 4. EXECUTIVE OFFICER, SRI PALLIKONDESWARA SWAMY DEVASTHANAM, SURUTUPALLE VILLAGE, NAGALAPURAM MANDAL, TIRUPATI DISTRICT. 5. D PADMANABHA RAJU, W/O LATE D.SUBBARAJU, AGE 65 YEARS. PROPRIETOR, M/S SRIDEVI WINES, PANNURU SUB STATION, VIJAYAPURAM MANDAL, CHITTOOR DISTRICT AND ACTING AS CHAIRMAN, SRI PALLIKONDESWARA SWAMY DEVASTHANAM, SURUTUPALLE VILLAGE, NAGALAPURAM MANDAL, TIRUPATI DISTRICT AND R/O KEELLAPUDI VILLAGE, PITCHATUM MANDAL, TIRUPATHI DISTRICT. 6. P HAMSA, W/O P.C.RUDRAIAH , BOARD OF TRUSTEE, SURUTUPALLE, NAGALAPURAM MANDAL, TIRUPATHI DISTRUST. 7. SALLA KRISHNAIAH, , S/O LATE CHENGAIAH, BOARD OF TRUSTEE,SATHYAVEDU POST AND VILLAGE, SATHYAVEDU MANDAL, TIRUPATHI DISTRICT. 8. K SRINIVAUSLU, S/O K.VENKATASUBBA NAIDU, BOARD OF TRUSTEE, VGP NAGAR, MUGGAPAIR, WEST, CHENNAI. 9. B JAYANTHI, D/O LATE SRIRAMULA REDDY, BOARD OF TRUSTEE, IRUGALAM VILLAGE, SATHYAVEDU MANDAL, TIRUPATHI DISTRICT 10. S DEVI, W/O DHANASEKHAR , BOARD OF TRUSTEE, KANNAVARAM, SATHYAVEDU MANDAL, TIRUPATHI DISTRICT. 11. K KAVITHA, , W/O K.CHANDRA SEKHAR, BOARD OF TRUSTEE, K.B.BPURAM VILLAGE AND POST, KVB.PURAM MANDAL, TIRUPATHI DISTRICT, 12. K NELSON MANDELA, S/O M.KUBENDRAN, BOARD OF TRUSTEE, NAGALAPURAM VILLAGE AND MANDAL, NAGALAPURAM POST, TIRUPATHI DISTRICT. 13. A HEMANTH KUMAR, S/O LATE NARAYANA SWAMY. BOARD OF TRUSTEE, MADANAMBEDU VILLAGE AND POST, SATHYAVEDU MANDAL, TIRUPATHI DISTRICT. 14. D NAGABUSHANAMMA, W/O D.MASTHAN , BOARD OF TRUSTEE, NAGALAPURAM VILLAGE AND POST, NGALAPURAM MANDAL, TIRUPATHI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. P VASU SEKHAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 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 a Writ , Order or a direction, more particularly one in the nature of Writ of Mandamus, by setting aside the G.O.RT No. 1214, Dt.09- 10-2025 issued by Respondent No.2 relating to appointment of Board of trustees i.e Respondent 5 to 14 to the temple Sri Pallikondeswara Swamy Devasthanam consequentially direct the Respondents 1 to 4 for removal of Respondent No.5 from the post of Chairmanship, and the other Respondents 6 to 14 as board of trustees or in any other representative capacity to the said temple Sri Pallikondeswara Swamy Devasthanam…” 2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Endowments appearing for respondents Nos.1 to 3 and learned counsel for respondent No.5 to 14. 3. Learned counsel for the petitioners submits that respondent No.2 issued G.O.Rt.No.1214, dated 09.10.2025 appointing respondent Nos.5 to 14 as Members of Board of Trustees to the respondent No.4 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.5. Even though, it is represented to withdraw the appointment of respondent No.5, the respondent authority proceeded and appointed respondent Nos.5 to 14 as members of the Trust Board. Hence, the writ petition. 4. Learned counsel for respondent No.5 submits that there is a crime pending against respondent No.5 and mere pendency of crime cannot attract any disqualification to hold the post as a member in any Trust Board. 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 Trust Board only if he convicted in a crime. He further submits that, in the instant case, only crime is pending against respondent No.5 and neither sentence nor conviction was rendered by any criminal court. Therefore, Section 19 is not at all applicable to the respondent No.5 as alleged by the petitioner. 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 the 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 trusteeship. Admittedly, in the instant case, only a crime is pending against the respondent No.5. So far, there is no conviction/ sentence is imposed in respect of the said offence. So far as rest of the respondents is concerned, no material is brought on record either by the learned counsel for the petitioners or by the learned counsel appearing for respondents regarding criminal cases against them. Hence, Section 19(e) is not applicable for other members. 7. In view of the same, the claim of the petitioners is contrary to law and the relief sought by the petitioners 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 196 WRIT PETITION NO: 29061/2025 27.01.2026 DDvvss