ARYA VYASA SABHA Vs. COMMISSIONER OF HINDU CHARITABLE AND RELIGIOUS INSTITUTIONS AND ENDOWMENTS HYDERABAD

JUDGEMENT

(1.) The appellants are Societies and Associations registered under the Registration of Societies Act (21 of 1860). The objects and purposes of these associations as set out in their memoranda of association included inter alia to provide for and improve the religious and social association commerce, trade and educational need of the "Arya Vyasa"; "to provide free food and education for Arya Vyasa boys and girls" etc. The appellants are maintaining various institutions pursuant to those objects. The Endowment Department of the State, included the various institutions of the appellants in the List of Religious Institutions published under Section 6 (c) (ii) of the Andhra Pradesh Act 17 of 1966 calling upon them to have the institutions or temples registered under Section 38 of the said Act. The appellants along with others filed writ petitions in the High Court of Andhra Pradesh challenging the validity of the notices issued by the Endowment Department on the ground that Sections 15, 17, 27, 36 and 97 of the Andhra Act 17 of 1966 were violative of Arts. 14, 19 (1) (f), 25, 26 and 31 of the Constitution.

(2.) The questions for consideration, as formulated by the High Court in that batch of 102 writ petitions were as under:

(3.) On the first question, the High Court was of the view that the office of the hereditary trusteeship was 'Property' within the meaning of Art. 19 (1) (f). Regarding the second question it held that none of the impugned provisions were violative of Arts. 14, 19 (1) (f), 25, 26 and 31 of the Constitution. The High Court, however, did not decide the question as to whether the petitioner-Arya Vyasa is or is not a religious denomination or any section thereof within the meaning of Article 26 of the Constitution. In regard to questions 3 and 5, it observed;