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K. MANMADHA RAO
Padmavathi Sametha Venkateshwara Swamy Viswasanthi Seva Samithi, Gorantla – Appellant
Versus
State of A. P. , Rep. by its Principal Secretary, Revenue (Endowments. IV) Department – Respondent
ORDER :
K. Manmadha Rao, J.
WP No.39248 of 2016 is filed under Article 226 of Constitution of India for the following relief :
WP No.8871 of 2024 is filed under Article 226 of Constitution of India for the following relief :
The court established that the Commissioner of Endowments lacked jurisdiction to revoke exemptions and appoint trustees without following due process as mandated by the Endowments Act.
The appointment of non-hereditary trustees is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
The Commissioner lacked authority to appoint an Executive Officer for temple administration, violating established law and trustee rights under the HR & CE Act.
The court established that proper authority and jurisdiction are essential for appointing an Executive Officer under the Endowments Act, particularly in light of existing exemptions.
The court affirmed that the Endowments Department's authority is not subject to review without explicit statutory provision, and prior judgments regarding property rights are binding.
Point of Law : Once misappropriation has come to the notice, necessary remedial steps were taken by the Bharana Samithy - But fact remained that there occurred such a huge loss of properties of the D....
The court ruled that a petitioner lacks standing to contest administrative exemptions under the Endowments Act if they have no defined legal rights over the subject property.
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