A Trustee cannot appoint another without explicit authorization in the Trust deed, and transactions involving Trust property must comply with the Endowments Act to be valid.

ORDER :

R. Raghunandan Rao, J.

All the above cases arise out of the disputes relating to the ownership and claims Ac.14.20 cents of land in Sy.No.409/P and Ac.29.73 cents in Sy.No.438/P of Bogapuram-West Village, Vizianagaram District (hereinafter referred to as ‘the property’). All these cases relate to the same land and as the parties involved in these writ petitions are, to a large part common, all these cases are disposed of by way of this common order.

2. Heard Sri V.R.N. Prashanth, learned counsel assisted by Sri Guna Sekhar, learned counsel appearing on behalf of M/s. Indus Law Firm for the appellants/petitioners/respondents in all these cases. Smt. T.V. Sridevi, learned counsel appearing for the implead petitioner in I.A.No.2 of 2025, in W.P.No.12893 of 2007, Sri K. Sarva Bhouma Rao, learned counsel appearing for the petitioner in W.P.No.30145 of 2018, Sri Akula Vamsi Sangeeth Kumar, learned counsel appearing for the petitioner in W.P.No.2672 of 2020 and the learned Government Pleader for Revenue, and learned Standing Counsel appearing for the respondents in all these Cases.

3. The property in question was part of the ancestral property, belonging to a family with the surname Kommuru. In 1952 there was a partition within this family and the property fell to the share of Sri Appadu Dora. Apart from this, Sri Kommuru Appadu Dora had been given other properties. In 1957, Sri Kommuru Appadu Dora established the Appadu Dora Trust (hereinafter referred to as the Trust) for charitable purposes and registered this Trust on 16.04.1963, with the Sub-Registrar, as Document No.510/1963. Under this Deed of Trust, Sri Kommuru Appadu Dora transferred various properties for achieving the charitable purposes set out in the Deed of Trust itself. However, the property in dispute was not transferred to the Trust under this Deed of Trust. Sri Kommuru Appadu Dora was childless and passed away, on 16.07.1989. His brother, who was the 1^st petitioner in W.P.No.12893 of 2007, contends that late Sri Kommuru Appadu Dora died intestate and consequently, the 1^st petitioner, viz., Kommuru Appala Swamy, became the legal heir to all his properties. The wife of the 1^st petitioner and his son, have continued the writ petition, even after the death of the 1^st petitioner. (the petitioners in this writ petition are hereinafter referred to as ‘the family members’).

4. The National Highways Authority of India acquired an extent of Ac.1.35 cents in Sy.No.438/2 and Ac.0.92 cents in Sy.No.409/2 out of this property, in the year 2002 and paid compensation to the petitioners in W.P.No.12893 of 2007.

5. Sri A. Santhi Gnaneswara Rao, who is the 4^th respondent in W.P.No.12893 of 2007 raised a claim that late Sri Kommuru Appadu Dora, had executed a document dated 16.05.1988, appointing him as the Trustee of the Trust. Sri A. Santhi Gnaneswara Rao, on the basis of this document, dated 16.05.1988, approached the revenue authorities and obtained pattadar passbooks and title deeds, in the name of the Trust, in relation to the lands comprising the property. Aggrieved by this, the family members have approached the Revenue Divisional Officer, by way of an appeal under Section 5 (5) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the ROR Act’). On 31.12.2006, the Revenue Divisional Officer allowed this appeal and cancelled the pattadar passbooks and title deeds issued in favour of the Trust. Sri A. Santhi Gnaneswara Rao filed a revision before the Joint Collector, against