ASHOK KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal raises a question of interpretation of Sections 20 and 77 of the A P Charitable and Hindu Religious and Endowments Act, 1966 (hereinafter called 'the Act').

(2.) One late Smt. Shanta Bai of Badepally village, Mahaboobnagar District was not only religious-minded but also of a philanthropic temperament. She was also an active member of the local Mahila Samaj. She wanted to construct a Maternity Home in the year 1952. Accordingly, she brought the women folk under the Rashtriya Mahila Samaj and started a Maternity Home at Badepally village. The object of the said Maternity Home was to provide free maternity aid to the needy public. A small temple was also constructed and dedicated to Lord Dattatreya Swamy within the premises of the Maternity Home. The marble statute of the diety was brought from Jaipur and got installed by H H. Sri Shankaracharya of Shringeri. The temple came into existence some time in 1960. At the time of starting of the Maternity Home or of the dedication of the temple to the diety, no deed was executed by the said Shanta Bai. However, she got the Maternity Home and the temple registered under Sec. 38 of the 1966 Act in 1974 and obtained a Certificate in that behalf. (Certificate No 10/75 dated 2-4-1975). The said certificate signed by the Assistant Commissioner Endowments, Mahaboobnagar dated 2-4-1975 reads as follows :- Srimathi Shanta Bai MLA Trustee of Sri Dattatreya Swami Temple & Maternity Home, Badepally applied on 7-11-74 for registration of the Institution and after due consideration, it is hereby certified that the particulars enclosed to this Certificate are ganuine and correctly represent the details of the Institution viz., Sri Dattatreya Swami Temple and Maternity Home, Badepalli village, Mahaboobnagar taluk".

(3.) In the Proceedings R. Dis. No. A2/2433/74 dated 2-4-1975 issued by the Assistant Commissioner of Endowments in exercise of his powers under Sec. 38 of the Act, it is stated that the Institution was registered and that the Trustee viz, the said Shanta Bai is requested to report to the Assistant Commissioner every year any changes and the particulars relating to the Institution under sub-section 10 of Sec. 38. The particulars furnished by Shanta Bai to the Assistant Commissioner are annexed to the Certificate and the correctness thereof has been certified by the Inspector of Endowments. We shall revert back to the details mentioned in the said particulars a little later. We shall now refer to the facts which led to the filing of the present writ petition.