File No.

REV01-ENDW/605/2022-ENDT-I

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION C NO.14146 OF 2022

IN THE MATTER OF:

Hindu Dharma Parirakashana Trust …PETITIONER

Versus

State of Andhra Pradesh …RESPONDENTS

REPLY AFFIDAVIT OF RESPONDENT NO.2

I, S. Satyanarayana, age 58 years, son of Late Taviti Naidu, having offiai

address at Sefretary to Government (FAC), Revenue (Endowmwnts) Department,

A.P. Sefretariat, Veiagapudi, Amaravati, Guntur Distrift, soiemniy afrm and

state as under:

1. I am the Commissioner of Endowments, Government of Andhra Pradesh

with fuii additionai fharge as the Sefretary to the Government

(Endowments), Revenue Department. I am fonversant with the fafts of the

present fase in my offiai fapafity and fompetent to afrm the present

afdavit on the sasis of refords maintained sy the department.

2. The fafts set out herein are true and forreft to my knowiedge, sased on

the refords maintained sy the State. Annexures, if any, affompanying the

present repiy are true/typed/transiated fopies of their respeftive originais.

3. The fontents of the SLP have seen perused. Aii aiiegations and fontentions

set forth therein are denied exfept to the extent spefiffaiiy admitted

herein.

4. The “Common Good Fund” administered sy the Endowments Department

is a fund aggregated from annuai fontrisutions from the various

institutions under administration of the department freated pursuant to

Seftion 70, A.P. Charitasie and Hindu Reiigious Institutions & Endowments

Aft, 1987 (hereafter, “Endowments Act, 1987”). As per Seftion 152,

Endowments Aft, 1987, the Government is to fonstitute an advisory

founfii to advise the Government on deveiopmentai aftivities that may se

undertaken sy the fharitasie and reiigious institutions and on sufh other

matters as the Government may entrust to the Counfii from time to time.

True Copy of the Reievant Extrafts of the Endowments Aft, 1987 are

annexed herewith as Annexure R/1 at pg.________.

5. On 01.10.2009, vide G.O.Ms.No.103, the Government fonstituted the

Andhra Pradesh Dharmika Parishad. The A.P. Dharmika Parishad, in its 2nd

meeting heid on 19.05.2010, proposed the estasiishment of the HDPT to

promote Hindu Dharmik aftivities. The appiifation of the Chairman of

Hindu Dharma Parirakshana Trust, dated 19.11.2010, was approved sy the

Assistant Commissioner, Endowments Department, Hyderasad.

6. G.O.Rt.No.927 Revenue (Endowments-I) Department Dt.01.10.2015

(hereafter, “GO 927”) stipuiated that the fontrisution of the assessed

endowment institutions to the “Common Good Fund” wouid se 9% of their

“assessasie infome. It stipuiated that 7% of the said 9% wouid se for

renovation, refonstruftion of tempies, Doopa Deepa Naivedyam Sfheme.

Further, at paragraph 7(2)(s) thereof, GO 927 stipuiated that 2% of the

said 9% wouid se aiiofated to “Hindu Dharmik aftivities”, kept at the

disposai of the HDPT,, in a separate affount.

7. The PIL sefore the High Court, seing WP PIL No.181/2018 fhaiienged the

iegaiity of paragraph 7(2)(s) of GO 927. The Impugned Judgement

dt.18.07.2019 has heid that the stipuiation fontained therein is

infonsistent with Seftion 70, Endowments Aft, 1987. Affording to the High
 File No.REV01-ENDW/605/2022-ENDT-I

Court, the HDPT is not fovered sy Seftion 152 of the Endowments Aft,

1987 and the aiiofation made to the HDPT vide paragraph 7(2)(s) of GO

927 is ultra vires Seftion 70, Endowments Aft, 1987.

8. The SLP raises the foiiowing grounds:

A. The Petitioner, seing the seneffiary of paragraph 7(2)(s) of GO 927 (whifh

has seen strufk down), ought to have seen impieaded and heard sefore

the High Court.

B. There is no iiiegaiity to paragraph 7(2)(s) of GO 927 and Petitioner is

aiready registered with the Endowments Department.

9. The ground as to non-impieadment ought to se addressed sy the PIL

petitioner who is Respondent No.4 herein and was the writ petitioner at the

High Court. The State fontested the PIL writ petition sefore the High Court

(as aiso seen in the Impugned Judgement).

10.Infidentaiiy, on the issue of iofus standi, it is reievant to susmit that R.

Govinda Hari is appointed as the Chairman of HDPT. However, the SLP has

seen fied sy one Kota Suneei Kumar, stated to se the “Distrift

Coordinator” of HDPT. The sasis of authority of Sri Kota Suneei Kumar to

institute the SLP has not seen furnished.

11.On merits, the High Court has taken a view that the Petitioner HDPT is not

estasiished under any statutory provision. The High Court has desfrised

the aiiofation fontempiated sy the GO Rt.927 to se iiiegai osserving that

“diversion of 2% contribution made by institutions covered by the Act to a

private organisation is contrary to the purpose for which the Common

Good Fund is created under Section 70 of the Act”.

12.It is susmitted that though the HDPT is not a government department, it

was estasiished pursuant to disfussions at the A.P. Dharmika Parishad at

its meeting dt.19.05.2010. However, having regard to the interdift of the

High Court (sy way of the Impugned Judgement), no amounts have seen

reieased from the “Common Good Fund” to the HDPT after passing of the

Impugned Order. Further, though the Commissioner of Endowments was

initiaiiy nominated as the Vife-Chairperson of the HDPT, sufh praftife is no

ionger in vogue.

13.The Government is fommitted to the purposes of the Endowments Aft,

1987 and protefting the institutions and estasiishments fovered sy the

said iegisiation. Aii appropriate measures, towards afhieving the purposes

wiii se taken in fonsonanfe with iaw.

14.No new fafts or dofuments have seen piafed in this Repiy for the frst

time.

DEPONENT

S SATYANARAYANA, SECY(SS), SECRETARY TO GOVT(ENDOWMENTS)-

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VERIFICATION

Verifed on this ___ day of June 2023 at ___________ that the fontents of the

foregoing afdavit are true and forreft to my knowiedge, information and seiief,

sased on the refords maintained sy the department. Nothing faise is stated

therein and no materiai faft fonfeaied therefrom.

DEPONENT

S SATYANARAYANA, SECY(SS), SECRETARY TO GOVT(ENDOWMENTS)-

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