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K. MANMADHA RAO
Gunda Subbarayudu Mutyamamba Rama Satram – Appellant
Versus
Government of Andhra Pradesh, Rep. by its Principal Secretary – Respondent
ORDER :
1. This writ petition is filed under Article 226 of the Constitution of India for the following relief:
2. It is case of the petitioner that his great grandfather Gunda Subbarayudu has established the institution in the year 1943 in the name and style of “SRI GUNDA SUBBARAYUDU MUTYAMAMBA RAMA SATRAM” (herein after called “Satram”) to provide Annadanam to Brahmana, Shatriya and Vysya Community. He has donated 40 acres of land situated at Jakkampudi Shahabad and patapadu Villges, Vijayawada rural and also donated a building 11-25-97 situated at main road Vijayawada and an extent of 0.85 Cents of site at Kothapet, Vijayawada. During his life time he managed the institution and after his demise his son Gunda Krishna Murthy managed and thereafter my father Gunda Kodanda Rama Vittal Rao managed the institution till his death namely 26.01.1997. Subsequently, after demise of this father, the petitioner has been managing
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.
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The Endowment Commissioner's appointment of a Fit Person to administer a religious institution was found illegal, undermining the fundamental right to manage religious affairs.
The court affirmed that a recognized member of the founder family has the legal right to apply for trusteeship and must be considered in the appointment process.
The main legal point established in the judgment is that the Assistant Commissioner does not have the power to declare an institution as a religious institution and appoint a fit person under Section....
The court affirmed that members of a founder family have inherent rights to manage a temple, and actions taken without notice violate principles of natural justice.
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