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1992 Supreme(AP) 266

Andhra Pradesh High Court
Judges : PARVATHA RAO
M.George Choudary - Appellant
Versus
Commissioner of Endowments A.P. - Respondent
Decided On : 04-22-92

The proper remedy for an omission to make an entry in the register maintained under Section 43 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, including the failure of the person in-charge of the management of an institution to make an application under Section 43, is to approach the Deputy Commissioner concerned under Section 45(1) of the Act.

Headnote:

CHARITABLE INSTITUTIONS - REGISTRATION - OMISSION TO MAKE AN ENTRY IN REGISTER - DISPUTE AS TO WHETHER INSTITUTIONS ARE CHARITABLE - REMEDY - APPLICATION TO DEPUTY COMMISSIONER UNDER SECTION 45(1) OF THE ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS ACT, 1987.

Fact of the Case:

The petitioner, claiming to be the Business Manager and Acting Manager of the Vani Press Society (3rd respondent) and a member of the Society, filed a Writ Petition seeking a declaration that the Vani Press Society and Amruthavani Society (Communication Centre) (4th respondent) are charitable institutions as defined under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (the Act), and directing the Commissioner of Endowments to publish the Societies in the prescribed manner and appoint trustees to both Societies.

Finding of the Court:

The court held that the petitioner should approach the Deputy Commissioner concerned under Section 45(1) of the Act for entering the Societies in the register maintained under Section 43 of the Act, as there was a dispute as to whether the Societies were charitable institutions or not.

Issues: Whether the Societies were charitable institutions required to be registered under Section 43 of the Act.

Ratio Decidendi: The court interpreted Section 45(1) of the Act and held that the expression "omission" in the provision takes in all kinds of omissions for whatever reason, including the failure of the person in-charge of the management of an institution to make an application under Section 43, resulting in the institution not being entered in the register.

Final Decision: The Writ Petition was dismissed, but the petitioner was allowed to make applications to the Deputy Commissioner concerned under Section 45(1) of the Act for entering the Societies in the register maintained under Section 43 of the Act. The Deputy Commissioner was directed to dispose of the applications expeditiously, preferably within four months from the date of receipt.

S. PARVATHA RAO, J.

( 1 ) THIS Writ Petition is filed for isue of a Writ of Mandamus or any other appropriate Writ, order or direction (a) declaring that the Vani Press Society registered under the Andhra Pradesh (Telangana Area) Public Societies registration Act (1 of 1350 Fasli) bearing No. 1016/80 and Amruthavani Society (Communication Centre) registered under the aforesaid Act bearing No. 579/ 73 as charitable institutions as defined under Section 2 (4) of the Andhra Pradesh charitable and Hindu Religious Institutions and Endowments Act, 1987, (b) directing the Commissioner of Endowments, Andhra Pradesh, Hyderabad to publish the aforesaid Societies in the prescribed manner as required under section 6 of the A. P. Charitable and Hindu Religious Institutions and endowments Act, 1987 and (c) directing the Commissioner of Endowments of andhra Pradesh, Hyderabad to appoint trustees to both the respective Societies namely, Vani Press Society and Amrutha vani Society as required under Section 15 of the aforesaid Act and pass such further orders as this Hon ble Court may deem fit and proper in the circumstances of the case.

( 2 ) IN this Writ Petition, notice before admission was directed on 18-12-1991 and the learned Government Pleader for Endowments took notice and sought ten days time for obtaining instructions. Thereafter at the request of the counsel for the petitioner the matter was posted to 27-3-1992. In spite of time being taken by the learned Government Pleader for Endowments, till now no counter has been filed. In the circumstances, in view of the fact that this Writ Petition is yet to be admitted I heard the learned counsel for the petitioner on the question whether this Writ Petition should be admitted or not. Already counter affidavit has been filed on behalf of respondents 3 and 4 by one Sister Goretti, Assistant secretag of the Vani Press Society, the 3rd respondent herein. An additional counter affidavit was also filed by S. Arulappa, who states that he is the Arch bishop of Hyderabad, on behalf of respondents 3 and 4. The 5th respondent also filed a counter affidavit.

( 3 ) THE petitioner claims to be the Business Manager and Acting Manager of the 3rd respondent-Society i. e. , Vani Press Society. He claims to be a member of the said Society apart from being its Acting Manager and Business Manager. He states that the 3rd respondent is a Society registered under the Andhra pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli under certificate of registration No. 1016/80 and that its aims and objects are as follows:- (a) To assist Amruthavani (Communication Centre) Society (Regd. No. 579 of 1973) in religious cultural activities. (b) to promote sound literature. (c) to foster thereby the welfare and integral development of all castes and creeds; and (d) to help in the building up of a society in India especially in A. P. based on principles of truth, honesty, justice and mutual love. "amruthavani (Communication Centre) Society referred to in the aims and objects of the 3rd respondent is the 4th respondent herein. The petitioner states that the aims and objects of the 4th respondent are as follows:- (a) To provide to all men of good will, without distinctions of a caste and creed further education in matters of philosophy, religion and morals through the means of books, correspondence course, audio-visual education programmes etc. , (b) to assist in building a just society through mass communications media working through present structures at all levels in all fields, (c) to promote the further training of talented local persons in the various branches of mass media communications. "

( 4 ) THE petitioner states that respondents 3 and 4 Societies are charitable institutions as defined under sub-section (4) of Section 2 of the Andhra Pradesh charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as the Act ) and that the purposes for which the said societies ar





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