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1995 Supreme(AP) 638

B.K.SOMASEKHARA, LINGARAJA RATH
Executive Officer, Toorangi Group Temples, Toorangi, East Godavari District – Appellant
Versus
Sri Gopal Inani – Respondent


LINGARAJA RATH, J.

( 1 ) THE respondent No. 3 in the Writ Petition No. 1430 of 1986 out of which this appeal arises is the appellant. Facts appear in detail in the order under appeal but the bare statements of facts are that the respondent No. 1 is the hereditary trustee of Sri Satyanarayana Swamy Temple, Kakinada, and under a scheme settled by the Madras High Court in A. S, No. 87 of 1946 decided en 15 July, 1949 the hereditary trustee of the institution was recognised is the sole trustes, entitled to receive the income, both in cash and kind, and to make the necessary disbursement and is also to remain responsible for performance of Poojas and services in thetemple. The respondent no. 1-heredia try trustee approached this court in the writ petition assailing an order of the respondent No. 2 passed in purported exercise of the powers under Section 27 (2) (b) of the Andhra Pradesh charitable and Hindu Religious Institutions and Endowments Act 1966 (hereinafter referred to as the Act ) appointing the appellant as the executive officer in respect of the institution and directing him to take possession of the records, accpunts, movable and immovable properties, et cetera, and report



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