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1970 Supreme(SC) 481

A.N.GROVER, A.N.RAY, G.K.MITTER, J.C.SHAH, K.S.HEGDE
Kakinanda Annadana Samajam: I. V. Gopal Rao: Yadalla Pitchaiah Chetty Charities Association – Appellant
Versus
Commissioner Of Hindu Religious And Charitable Endowments, Hyderabad: Commissioner Of Hindu Religious And Charitable Endowments, Hyderabad: Govt. of A. P. – Respondent


Advocates:
A.K.SEN GUPTA, A.SUBBA RAO, A.V.RANGAM, A.V.Velayudhan Nair, BALA PARAMESVARI RAO, G.N.Rao, K.JAYRAMAN GOWDA, K.RAJENDRA CHAUDHARY, M.NATESAN, P.Basi Reddy, P.PARMESHVARAN, R.VENUGOPAL REDDY, SHYAMALA PAPPU, VINIT KUMAR

Judgment

GROVER, J.: These appeals by certificate are from a common judgment of the Andhra Pradesh High Court and involve the question of the constitutionality of certain provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act 17 of 1966), hereinafter called the Act .

2. A number of petitions under Article 226 of the Constitution were filed before the High Court on behalf of the institutions of endowments some of which were public and some private in character. A few institutions were societies registered under the Societies Registration Act while others claimed to be religious endowments or public bodies like municipalities which were managing the institutions. We might, for the sake of convenience state the facts in Civil Appeal No. 1360 of 1970. In the affidavit of Nalam Ramalingaiah it is stated that he is the hereditary trustee of the Nalam Choultry and Vysya Seva Sadanam which are private trusts. They were founded by his ancestor in the year 1879 and 1920 respectively. He had been the managing trustee from 1943. The Choultry was endowed with immovable property comprising an area of 453 acres of land which by careful management























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