PARSL ZOROASTRIAN ANJUMAN Vs. DEPUTY COMMISSIONER ENDOWMENTS DEPT

JUDGEMENT

(1.) At issue, in these two writ petitions, is whether Parsi Zoroastrian Anjuman of Secunderabad and Hyderabad, is a charitable institution coming within the purview of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

(2.) The cause of action for the above two writ petitions is the order dated 28-3-1995 passed by the Assistant Commissioner of Endowments, Twin cities, Hyderabad the 2nd respondent herein - appointing the 3rd respondent, namely, Dr.F.D. Vakil, as the single Trustee of the above Trust. The above proceeding was issued on the premise that the above trust is a charitable institution within the meaning of the Act.

(3.) In W.P.No. 6274 of 1995, the first petitioner is the Anjuman Trust, while the petitioners 2 to 6 are the trustees. In W.P.No. 13135/95, the petitioner is a member of the founder-donor family of the above trust. She has appeared as a party-in-person. In W.P.No. 6274/95, respondents 4 to 7 were impleaded. Respondent No. 6 is Mr. B.F. Dittia, at whose instance, the proceedings were initiated culminating into impugned order. He had also represented as a party-in-person. To avoid confusion, we refer the 1st petitioner as petitioner-Trust and the party-in-person in W.P. No. 6274/95 (sic. 13135/95) as the petitioner - party-in-person, and respondent No. 6 in W.P.No. 6274/95 as the respondent - party-in-person. The Deputy Commissioner of Endowments, Hyderabad is referred to as 'the 1st respondent' while the Assistant Commissioner, Endowments, Twin Cities of Hyderabad as 'the 2nd respondent' and Dr.F.D. Vakil, the single Trustee appointed by the respondents 1 and 2 as the 3rd respondent.