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K. MANMADHA RAO
Chunduru Gopala Krishna Murthy (died) – Appellant
Versus
Commissioner of Endowments Government of A. P. – Respondent
ORDER :
K. MANMADHA RAO, J
This writ petition is filed under Article 226 of the Constitution of India for the following relief:
2. The facts of case are that Sri C.V.Reddy belongs to Vysya Community has established an Institution by name Sri CV. Reddy Charitable Trust by a Will Deed dated 24.4.1944. He donated his own properties situated in the Vijayawada City to the Trust by way of the said Will and under the Trust Deed/Will Deed, he appointed his wife and 3 others as lifetime Trustees and all of them predeceased Sri C.V. Reddy, who also died on 31.1.1981. Sri C.V. Reddy has no issues and the 1st petitioner is the son of his elder brother late Sri Ch. Kanthaiah. He filed OA No.149 of 1989 before the Deputy Commissioner of Endowments, Kakinada (for short “the Tri
The court ruled that the adoption of a charitable institution must follow legal procedures and cannot be executed without proper consent from the trustees.
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 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.
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 court affirmed the petitioners' rights as hereditary trustees to manage the specific endowment, emphasizing the need for compliance with statutory accounting requirements and the proper procedure....
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.
Hereditary trusteeship is not property within the meaning of Art. 19 (1) and Art. 31 of the Constitution of India and consequently the right of hereditary trusteeship is not property within the meani....
An exchange deed executed by alleged trustees of a deity without proper authority is valid under current jurisdictional provisions; the High Court's review is limited to substantial questions of law ....
The court affirmed the hereditary trusteeship of defendants, ruling that plaintiffs failed to prove mismanagement or entitlement to non-hereditary trusteeship under the Hindu Religious Charitable End....
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