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2012 Supreme(AP) 659

NOUSHAD ALI
K. V. Krishna Rao – Appellant
Versus
State of A. P. , Rep. by the Principal Secretary to Govt. , Revenue (End. IV) Department – Respondent


Advocates Appeared:
For the Petitioners:V. Rajagopal Reddy, Advocate.
For the Respondent:R1 to R3, G.P. for Endowments, R4, Karthik Pavan Kumar, Representing S. Srinivas Reddy, Advocates.

Judgment :

The petitioner, who is no other than the adopted son of Smt. K. Hymavathamma, the 4th respondent herein, is challenging the recognition granted in her favour as Founder Trustee perorders Rc.No.A1/4682/96, dated 1.10.1996 of the 3rd respondent-Assistant Commissioner of Endowments Department, Nellore, which was concurrently confirmed by the 2nd respondent-Regional Joint Commissioner, Multi Zone-II, Endowments Department, Tirupati, and the 1st respondent-State Government vide R.P.No.20 of 1999, dated 17.6.2000 and Memo.No.75921/Endts.IV(1)/2000, dated 25.8.2003, respectively.

2. The undisputed facts are that Kamisetti Sundara Ramaiah Setty Choultry and Sri Mahalakshmamma Temple are registered religious institutions under the provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity “the Act”). The temple was constructed by late Kamisetti Onnuri Setty and the Choultry was constructed by late Sundara Ramaiah, s/o. late Kamisetti Onnuri Setty. The past history as to the hereditary rights as trustees of these institutions is unnecessary for the disposal of the controversy in this writ petition. Suffice it to note that after the death of

















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