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2001 Supreme(AP) 161

B.SUBHASHAN REDDY, G.BIKSHAPATHY
Prathi Subbaiah Chetty – Appellant
Versus
Government Of A. P. , Revenue (Endowments) Department – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS writ petition has been filed questioning the appointment of 5th respondent as the Founder-Trustee of the endowment institution concerned. The endowment concerned has got an annual income between Rs. 50,000. 00and rs. 5,00,000/- and as such it falls in the category of institutions under Section 6 (b) (i) of the A. P. Charitable and Hindu Religious institutions and Endowments Act, 1987 (hereinafter referred to as the Act ). The 5th respondent was appointed as Founder-Trustee by the Assistant commissioner-fourth respondent vide proceedings dated 30-12-1998. The Founder-Trustee has to be appointed because of the Judgment of the supreme Court interpreting the provisions of the Act. There is a claim of the petitioners for such appointment and as such there is a dispute and the dispute has to be resolved. It is stated that there was no such notification issued so as to enable the trustees like the petitioners to make any claim.

( 2 ) BE that as it may, the impugned order of appointment as confirmed by the regional Joint Commissioner itself is in violation of Sections 15 and 17 of the Act. The said Sections read together make it clear that it is the Depu



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