PAMULAPATI BUCHI NAIDU COLLEGE COMMITTEE, NIDUBROLU AND OTHERS Vs. GOVERNMENT OF ANDHRA PRADESH AND OTHERS

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution, for the issue of a writ of mandamus, directing the State of Andhra Pradesh represented by its Secretary, Social Welfare Department, to forbear from taking action under Ss. 4 and 5 of the Charitable Endowments Act 1890.

(2.) THE facts which have given rise to writ petition may be briefly stated. On 5 -6 -1950 a society, called 'Pammulapati Buchi Naidu College Committee', with a provisional membership eleven members, was formed with the object promoting education. The Society was registrar under the Societies Registration Act in the Assistant Registrar's Office at Guntur on 10 -11 -1951. It has started a College at Nidubrole rules and bye -laws framed for the conduct of the affairs of the Society provide for the composition of the Committee, for a Governing Body which is to consist of the President, Vice -President Secretary of the College Committee and members, including two representatives of Andhra University and the Principal of the College.

(3.) IT has been provided that the Governing shall have full responsibility for the day to day ministration of the College. Among the person made donations to the Society are the petitioner, his brother -in -law and several others. On 4 -12 -1956 one Prasada Rao, the President of the College Committee, and Seshagir Rao, one of the members of the Governing Body, petition before the Government of Andhra Pradesh alleging serious defects in the management of the allege. It was therein stated that they had obarned the sanction of the Advocate -General of Madras to file a suit under S. 92 of the Code of Civil Procedure. They prayed that the Government might take on under S. 4 of the Charitable Endowments of 1890 and under S. 3 of the Madras Hindu Religious and Charitable Endowments Act, 1951, appoint a Treasurer. The Government forward the petition to the Commissioner for Hindu Religious and Charitable Endowments, who directed Special Officer to make an enquiry and submit a report.