B.P.JEEVAN REDDY, UPENDRA LAL WAGHRAY
Samadhi Narayana – Appellant
Versus
State Of A. P. – Respondent
( 1 ) THIS Batch of Writ Appeals is filed by the State of Andhra pradesh against the Judgment of a learned single Judge, declaring subsections (1) and (2) of Section 82 of the A. P Charitable and Hindu Religious institutions and Endowments Act, 1987 (hereinafter referred to as "the Act), void and inoperative. While sub-section (1) has been declared to be "arbitrary and ultra vires of Articles 14 and 21 of the Constitution to the extent of lessees who are marginal or small farmers", sub-section (2) has been declared to be unconstitutional in its entirety.
( 2 ) EVERY Government in power has sought at all times to regulate charitable and religious institutions and endowments. Eatly in Nineteenth century, Madras Regulation, 1817 was made vesting the powers of suprin-tendence, over endowments in the Board of Revenue, to ensure that the income and properties of endowments are utilised for purposes for which they are endowed. A similar Regulation was made in 1810 for Bengal. These Regulations were repealed by Act 20 of 1863, providing for control and supervision of the affairs and funds of the religious institutions and endowments. In 1890 came the Charitable Endowment
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