JUDGMENT:

The Appeal, filed under Section 88 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (for short “the Act 30/1987”), challenges the order dated 25-08-2009 in O.A.No.42 of 2001 passed by the Deputy Commissioner, Endowments Department, Guntur.

2. The Appellants, petitioners in O.A. No.42 of 2001, filed the petition against the respondent under Section 87(1)(c) of the Act 30/1987. They sought a declaration that Yogananda Ashramam, Vinukonda, is neither a Religious nor a Charitable Institution, nor an Endowment, nor any other type of Institution covered under the Act 30/1987.

3. For convenience, the parties are hereinafter referred to as they were arrayed before the Deputy Commissioner.

4. The case of the petitioners, in brief, is as follows:

i) The 1^st petitioner‟s grand-parents established an Ashramam named “Yogananda Ashramam” at Vinukonda, Guntur District, in honour of their second son Venkateswarlu, also known as Venkateswara Dasu, who lived a saintly life and followed the sanyasi dharma, in two acres out of the land purchased in the name of his grand-mother Mahalaxmamma. This property was dedicated to the Ashramam, and a trust was formed with her as the Managing Trustee. The family members then managed the trust as Settler Trustee through a Settlement Deed dated 01.03.1943, recorded under Document No. 728/1943. Additionally, she executed two Wills on 02-03-1963 and 24-12- 1966 during her lifetime.

ii) During the lifetime of the founders, a statue of Sri Yogananda Narsimhaswamy was installed, along with the arrangement of the Bala Devi mud idol. The Ashramam includes within its premises a hall with Srikrishna Mandiram and Ammavari Mandiram. This property houses the samadhis of Chevuri Hanumaiah, Mahalaxmamma, and their son Venkateswara Dasu. One family member, Venkateswara Dasu, attained Jeeva Samadhi, and it is believed that through him, the family grew well and prospered. The original structures were mud terraced middle domestic houses. Over time, additional rooms and 15 sheds were added to facilitate the maintenance of the trust, ensuring that it was not burdensome. All the buildings were originally personal domestic houses. Family members, up to the present generation, regularly look after and actively participate in the functions of Ashramam.

iii) There has been no establishment of any charity or endowment for any purpose whatsoever. It is even less plausible that any donation or charity has been created for a public purpose. Over the past sixty years, since the settlement deed dated 01.03.1943, there has been no alteration. By any measure of interpretation, the settlement deed does not fall within the institutions as defined or described in the Act 30/1987. Furthermore, the notification itself is legally invalid.

5. The respondent‟s counter averments:

i) The Inspector from the Endowment Department in Narasaraopet submitted a report dated 15.08.2000. He stated that Mahalaxmamma, wife of Hanumaiah, executed a settlement deed on 01.03.1943, registered at the Sub-Registrar's Office in Vinukonda, granting absolute rights to the Ashramam but not to any individual. Currently, the site is valued at around Rs.50.00 lakhs, and the petitioners aim to claim the income generated from it as if it were their own property. The idols of Sri Swamyvaru in the Ashramam were gifted and donated by the public, who freely enter the Ashramam without objections or interference from the petitioners or their family members. The public also come to pay their vows to Sri Swamyvaru. The Ashramam is recognised as a place of religious charity under Section 2 and sub-Section 21 of the Act 30/1987.

ii) The respondent further stated in his counter that the petitioners filed W.P.No.14348/2001, showing the Commissioner of Endowments Department, the Assistant Commissioner of Guntur, and the Deputy Commissioner of Guntur as respondents No.1 to 3. They requested a writ or order declaring the 1^st respondent's action,