KAKINANDA ANNADANA SAMAJAM THE YADALLA PITCHAIAH CHETTY CHARITIES ASSOCIATION Vs. COMMISSIONER OF HINDU PELIGIOUS AND CHARITABLE ENDOWMENTS HYDERABAD:GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These appeals by certificate are from a common judgment of the Andhra Pradesh High Court and involve the question of the constitutionality of certain provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act 17 of 1966), hereinafter called the 'Act'.

(2.) A number of petitions under Article 226 of the Constitution were filed before the High Court on behalf of the institutions of endowments some of which were public and some private in character. A few institutions were societies registered under the Societies Registration Act while others claimed to be religious endowments or public bodies like municipalities which were managing the institutions. We might, for the sake of convenience state the facts in Civil Appeal No. 1360 of 1970. In the affidavit of Nalam Ramalingaiah it is stated that he is the hereditary trustee of the Nalam Choultry and Vysya Seva Sadanam which are private trusts. They were founded by his ancestor in the year 1879 and 1920 respectively. He had been the managing trustee from 1943. The Choultry was endowed with immovable property comprising an area of 453 acres of land which by careful management was now fetching an income of Rs. 40.000/-. Besides feeding the poor and affording free lodging facilities to pilgrims, scholarships were being given to deserving students. The Sevasadan was endowed with huge properties which were fetching Rupees 18,000/- as income. The objects of this charity were (1) to impart education and training in handicraft to women; (2) to feed poor girls; (3) provide free shelter to women students, and (4) run women's Sanskrit School. At no time there had been any complaint about mismanagement of the aforesaid trust. A number of other Choultries were also mentioned which were being managed by the hereditary trustee or trustees. Some of them were providing food and shelter to students and travellers of all castes and creeds including Muslims and Christians. Among the objects of some of the Choultries was included the performing of pujas in temples. These Choultries were founded in the last century and ever since their inception the members of the family of the founder or founders had been managing them. At no time there had been any complaint of any kind against the management. On the contrary the hereditary trustees had improved the endowment properties and added several charitable activities to the existing objects.

(3.) The validity of the main provisions of the Act was challenged on the grounds that the office of the hereditary trusteeship was property within the meaning of Art. 19 (1) (f) and that these provisions were ultra vires and void as violative of that Articles as also of Arts. 14, 25, 26 and 31 of the Constitution. On behalf of the respondents the position taken up was that all the institutions in question were public and none of them was private in character that they were religious and charitable institutions and endowments within the meaning of the Act. It was denied that the office of hereditary trustee was property within the meaning of Art. 19 (1) (f) or that there was infringement of any of the fundamental rights mentioned in the various petitions. It was maintained that the hereditary trustees etc. had only a bare right to manage the affairs of the institution and the secular matters which could not be regarded as property within the meaning of the aforesaid Article.