PANNALAL BANSILAL PITTI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This bunch of writ petitions and transfer cases is at the behest of hereditary trustees of Hindu Religious and Charitable Institutions and Endowments challenging the constitutionality of Sections 15,16,17,29 (5) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987), (for short., "the Act").

(2.) The facts in writ petition No. 713/87 are sufficient for deciding the controversy. The first petitioner is a founder of several charitable and religious institutions in Hyderabad and Secunderabad of Andhra Pradesh. He is a hereditary trustee of a premier institution known as Raja Bahadur Sir Bansilal Motilal Charitable Trust founded by his father donating Rs. 5,00,000/-in 1933. It also established Sri Ranganath Mandir. Sri Jagannath Mandir, Sri Narsingh Mandir, Sri Lakshman Maharaj, Raja Bahadur Sir Bansilal Hospital Trust and Sir Sanskrit Sahitya Nidhi Trust in Hyderabad. Hari prasad Badruka, the 3rd petitioner family founded Shri Venkatesh Goraksha Trust with a sum of Rs 1,00,000/- and donated 568 acres of land in Dabirpura and Konaipalle village. They also claimed to have purchased 58,35 acres in Hakimpet for grazing the cows, Raja of Jataprolu in Mahaboobnagar District founded Madana Gopal Swamy and other temples at Jataprolu village; Shri Narsimha Swamy and Shri Ratna Lakshmi Devi temples at Singapatnam; and Shri Amareshwara Swamy temple at Lollauram. The endowed 300 acres of seri lands for performance of Nitya Nivedhya Deeparadhana. The first petitioner is a hereditary trustee and is entitled to nominate other trustee for proper management. He is also a Mutawalli, who in terms of the deed of trust shall deduct 1/3rd of the net income as his remuneration after excluding the management and establishment expenses.

(3.) It is the case of all the petitioners that they have been properly and efficiently maintaining the aforesaid trusts and charitable or religious institutions without any complaint. The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (17 of 1966)(or short, "the Predecessor Act of 1966) recognised their hereditary right and made them Chairman of the respective trusts, in the event of constituting a board of trustees with non-hereditary trustees. The religious institutions and endowments or charitable institutions were established on charity every Hindu wishes to perform. Establishment of charitable and religious institutions or endowments is a part of freedom of conscience and with to freely profess, practice and propagate Hindu religion. As its integral fact they have right to maintain the institution founded by them. The Act while purporting to regulate administration and governance of Hindu Charitable and religious institutions or endowments grossly violates the constitutional rights under Articles 25 and 26 of the Constitution. Several learned senior counsel S/Shri H. S. Gurujarao, A. K. Ganguli, R. Venugopala Reddy, M. N. Krishanamani along with S/Shri A. Subba Rao and Sampath, argued in support of the contentions of the petitioners. They also have filed written submissions. Shri P. P. Rao, the learned senior counsel, resisted the contentions on behalf of the State and also submitted his written arguments.