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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR. K. MANMADHA RAO, J
R.V.M.R. Ratna Rao – Appellant
Versus
Commissioner Of Endowments – Respondent
| Table of Content |
|---|
| 1. petitioner claims rights (Para 3) |
| 2. pending applications (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. petitioner's claims (Para 10 , 11 , 12) |
| 4. court's review of facts (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. legal standing affirmed (Para 19) |
| 6. writ petitions allowed (Para 20) |
ORDER :
2. WP No.38685 of 2012 is filed seeking declaring the action of the 2nd respondent in issuing the impugned Notice Rc No.A4/29305/2012, dated 4.8.2012 without considering the petitioner’s request as illegal and arbitrary.
4. During pendency of the writ petition in WP No.38685 of 2012, the petitioner herein filed another WP No.1864 of 2022 questioning the proceedings of the Commissioner of Endowments, A.P., Vijayawada in K.Dis.NoB3/12024(31)/30/2021 dated 21.01.2022 appointing the respondents No.5 to 10 in WP No.1864 of 2022 as Trustees under sub Section 2 of Section 15 of A.P. Charitable & Hindu Religious Institutions and Endowments Act 1987 (for short “the Act”) to Sri Samsthanam Choultry, Pithapuram Town and Mandal, E.G. District by ignoring the right of the petitioner who is the member of the Founder’s family to the 2nd respondent Choultry and on the strength of an incompetent authority issuing a noti
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 ruled that the adoption of a charitable institution must follow legal procedures and cannot be executed without proper consent from the trustees.
Explanation (a) to Section 17(2) states that the procedure for calling for application for appointment of trustees, verification of antecedents and other matters shall be such as may be prescribed. S....
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 Endowment Commissioner's appointment of a Fit Person to administer a religious institution was found illegal, undermining the fundamental right to manage religious affairs.
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