REGENT COMPUTRONICS PVT. LTD.

RAMANAMA SANKIRTHANA SANGHAM, VIJAYAWADA Appellant

V/S

GOVERNMENT OF A.P. Respondents

Referred Judgements :-

KAKINANDA ANNADANA SAMAJAM THE YADALLA PITCHAIAH CHETTY CHARITIES ASSOCIATION VS. COMMISSIONER OF HINDU PELIGIOUS AND CHARITABLE ENDOWMENTS HYDERABAD:GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
DAMYANTI NARANGA THE HINDI SAHITYA SAMMELAN VS. UNION OF INDIA [REFERRED TO]
DAMAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
OLGA TELLIS VAYYAPVRI KUPPUSAMI VS. BOMBAY MUNICIPAL CORPORATION:STATE OF MAHARASHTRA [REFERRED TO]
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA VS. L K RATNA [REFERRED TO]
BALDEV SINGH VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
ASOM RASTRABHASA PRACHAR SAMITI VS. STATE OF ASSAM [REFERRED TO]
PAVANI SRIDHARA RAO VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
KANYAKA PARAMESWARI ANNA SATRAM COMMITTEE VS. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPTT [REFERRED TO]
CONSUMER ACTION GROUP VS. STATE OF TAMIL NADU [REFERRED TO]
TMA PAI FOUNDATION VS. STATE OF KARNATAKA [REFERRED TO]
CHANDRA SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
UNION OF INDIA VS. KULDEEP SINGH [REFERRED TO]
CLARIANT INTERNATIONAL LIMITED VS. SECURITIES AND EXCHANGE BOARD [REFERRED TO]
CANARA BANK VS. V K AWASTHY [REFERRED TO]
ZOROASTRIAN CO OPERATIVE HOUSING SOCIETY LTD VS. DISTRICT REGISTRAR CO OPERATIVE SOCIETIES [REFERRED TO]
R MURALI VS. KANYAKA P DEVASTHANAM AND CHARITIES [REFERRED TO]
P A INAMDAR VS. SATE OF MAHARASHTRA [REFERRED TO]
SEETHAPATHI NAGESWARA RAO VS. GOVT OF ANDHRA PRADESH [REFERRED TO]
M RANGA REDDY VS. STATE [REFERRED TO]
K SRIRAMAMURTHY VS. COMMISSIONER OF ENDOWMENTS [REFERRED TO]
ANDHRA PRADESH POWER DIPLOMA ENGINEERS' ASSOCIATION V. ANDHRA PRADESH STATE ELECTRICITY BOARD [REFERRED TO]
G RAJENDRANATH GOUD HYDERABAD VS. COMMISSIONER ENDOWMENT DEPARTMENT TILAK ROAD HYDERABAD [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. MEDWIN EDUCATIONAL SOCIETY [REFERRED TO]
K V RAMA SASTRY VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
VEERABHADRA SWAMY TEMPLE BONATHAPALLY MEDAK DIST VS. COMMISSIONER OF ENDOWMENT DEPARTMENT [REFERRED TO]

JUDGEMENT

(1.) The validity of G.O. Ms.No.433, Revenue (Endowments-I) Department, dated 5.5.1993, in classifying and grading among others, the petitioner - institutions, for the purpose of appointment of Executive Officers and in directing their appointment to the petitioner - institutions, is under challenge in this writ petition. The petitioners also seek a direction that Sections 15 and 29 of the Andhra Pradesh Charitable and Hindu Religious and Endowments Act, 1987 (A.P. Act 30 of 1987), be declared null and void.

(2.) Facts, to the extent necessary for this writ petition, are that all the four petitioners are societies registered under the Societies Registration Act (Act 21 of 1860). The 1st petitioner was registered on 5.1.1961 and had earlier filed W.P.No.405 of 1990 which was eventually withdrawn on 27.2.1997. The 2nd petitioner was registered in the year 1949, and the 3rd petitioner in 1956. The 4th petitioner, which was registered on 12.10.1920, was exempted, under G.O. Ms. No.428, dated 19.4.1972, from the provisions of the Endowments Act insofar as it related to appointment of trustees and executive officers.

(3.) The petitioners contend that their dominant objects are neither religious nor charitable but are incidental to several other vital functions, that the management of their institutions is vested in a governing body elected by the members, the day to day executive functions are discharged by an elected secretary or joint or assistant secretary and that properties belonging to the society were never dedicated or endowed to the public. It is contended that, without an enquiry, without consulting the petitioners and without examining as to whether the petitioners could afford the luxury of having to employ paid executive officers, the 1st respondent, on the executive officers' association's request for upgradation and promotion, and on the recommendation of the Commissioner, issued G.O. Ms. No.433 dated 5.5.1993.

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RAMANAMA SANKIRTHANA SANGHAM Vs. GOVERNMENT OF A P

Referred Judgements :-

JUDGEMENT

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