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2007 Supreme(AP) 894

P.S.NARAYANA
Banda Raghavendra Rao – Appellant
Versus
Assistant Commissioner, Endowments, Vijayawada, Krishna District – Respondent


Advocates:
Advocate Appeared
M. Vijay Kumar, Counsel for the Petitioner; Government Pleader for Endowments, Counsel for Respondent Nos.1 and 4; (Mrs.) N. Indrani, Counsel for Respondent No.2; P. Sri Roghuram and S. Sbyamasundara Roo, Counsel for Respondent No.3.

ORDER

This Court issued Rule Nisi on 24.2.2006 and made the following order in WPMP No.4397 of 2006:

The petitioner claims to have legitimate rights to be recognized him, as founder family member of Sri Kanakalingeswara Swamy Van Temple, Atapaka, Kailakuru Mandal, Krishna District. The third respondent submitted an application to the first respondent seeking his recognition as a member of the founder's family. By the impugned proceedings dated 15.2.2006, the first respondent recognized the third respondent as a member of the founder's family on the ground that he belongs to the fifth generation of the founder's family as against the petitioner, who is recorded as belonging to the sixth generation.

The petitioner's complaint inter alia is that the first respondent is incompetent to exercise the powers or jurisdiction to resolve disputes as to the claims to being a member of the founder's family.

Prima facie, Section 27(h) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') introduced by the Amending Act 27 of 2002 w.e.f, 26.8.2002, consecrates the power of adjudicating disputes as to a member of the founder's family of an institution






















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