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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 2004 Page 1 of about 1 results (0.123 seconds)

Jan 19 2004 (HC)

S.V. Sudhakara Rao Vs. State of A.P. and anr.

Court : Andhra Pradesh

Decided on : Jan-19-2004

Reported in : 2004(2)ALD302; 2004(3)ALT503

..... 1966 on the subject of charitable and hindu religious institutions.6. by sub-section (3) of section 1, the act was made applicable to hindu religious institutions and public charitable institutions whether or not registered in accordance with the act. section 16 of the act, abolished the rights of a person for the office of hereditary trustee or dharmakartha and by section 14, all properties belonging to religious institution are vested in the institution or endowment which shall be governed ..... the general public regarding functioning of charitable and hindu religious institutions, government constituted a commission headed by retired chief justice of high court of a.p. shri challa kondaiah to review and suggest measures for better management of institutions and endowments including tirumala tirupathi devasthanam. the commission submitted a report on 28.2.1996 recommending abolition of hereditary rights of archakas, myrasidars and other servants and steps ..... by a board of non-hereditary trustees appointed as per section 15 exercising powers and duties under sections 23 and 24 of the act. section 15 of the act deals with appointment of board of trustees. if the income of the temple or an institution exceeds rs. 10.00 lakhs, it is the government .....

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Feb 04 2004 (HC)

Veerabhadra Swamy Temple Vs. Commissioner, Endowment Department and or ...

Court : Andhra Pradesh

Decided on : Feb-04-2004

Reported in : 2004(2)ALD532; 2004(3)ALT44

..... 'the act').3. mr. subrahmanya reddy, learned senior counsel appearing for the 3rd respondent herein contends that the 3rd respondent was appointed as the 'person-in-management' of the yellamma temple, pursuant to a selection made in accordance with the provisions of section 29(5)(d) of the ..... , to appropriation of the assets of religious institutions by the state. diversion of funds from one temple to another by a unilateral directive of the endowments authority would amount to misappropriation of funds of one temple for unauthorized utilization by the other. no such power is discernable under the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (act no. 30 of 1987) (for short ..... was transferred to sri suryagiri yellamma temple, ravirala (v) (for short 'yellamma temple' with effect from 1-9-2001. at yellamma temple he drew salary for a period of ten (10) months with effect from 1-9-2001. as he was not paid any emoluments thereafter, he was relieved from yellamma temple and transferred to sri veeranjaneya, st., gattuppalli and he .....

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Feb 27 2004 (HC)

Vaka Ramakrishna Reddy Vs. Vallamreddy Venkata Subba Reddy (Died) by L ...

Court : Andhra Pradesh

Decided on : Feb-27-2004

Reported in : 2004(3)ALD43; 2004(4)ALT341

..... without fail,25. the word 'specific endowment' is defined under section 2 clause 25 of the a.p. charitable and hindu religious institutions and endowment act, 1987, (for short 'the endowments act, 1987') and it reads as follows:the specific endowment is included in the definition of charitable institution.26. a 'charitable institution' is defined in section 2 clause 4 of the endowments act, 1987 which reads as follows:(4) charitable institution' means any establishment, undertaking, organization or ..... the title of the plaintiff and forfeited the tenancy rights, he is liable to be evicted. hence the suit for recovery of rents for the years 1994-95 to 1997-98.6. the plaintiff farther averred that on 25-11-1958' addanki laxmaiah and others executed a sale deed for valuable consideration and conveyed the suit land in favour ..... peesapati venkata narayana and shall obey all lawful orders issued by him.16. the assistant commissioner, endowments department, passed a detailed order on 5-10-1996 regarding the action taken against the trustees and ultimately removed them from the management of the specific endowment attached to the second respondent deity. though p.w.1 stated that an appeal was preferred against ..... w.1 and exs.a.1 to a. 4 were marked on behalf of the plaintiff. the respondents examined d.ws.1 and 2 and marked ex.b.1.10. the lower court after considering the evidence adduced by both parties dismissed the suit on 24-1-2000 holding mat the plaintiff was not entitled for the relief as .....

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Jan 05 2004 (HC)

Jampala Sailu Vs. Commissioner, Endowments Department and ors.

Court : Andhra Pradesh

Decided on : Jan-05-2004

Reported in : AIR2004AP176

..... business of collecting human hair.7. at this stage a reference to the statutory rules made by the government in exercise of their powers under section 153 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 may be made. these rules made vide g.o. ms. no. 866 dated 8-8-2003 apply to the lease, license of ..... orderv.v.s. rao, j.1. a short question as to interpretation of rule 10 read with rule 12 of a.p. charitable and hindu religious institutions and endowments immovable and other rights (other than agricultural lands) leases and licences rules, 2003 arises for consideration in this writ petition.2. the petitioner is a barber. ..... the value of the lease.(3) no lease or license shall be valid and until it is approved by the competent authority.'8. a plain reading of rule 10 would show that lease or license shall ordinarily be given to the highest bidder. as per rule 12 after conducting auction, the same has to be returned ..... granted for a period of three years. rules 5 to 9 of the rules deal with the method of conducting public auction. rules 10 and 12 are relevant and read as under :'10. lease or license shall ordinarily be given to the highest bidder. where it is proposed to accept a bid higher than the highest bid ..... not be entitled to enforce his right. in that view of the matter, the submission made by the learned counsel for the petitioner is misconceived.10. in the result, for the above reasons the writ petition fails and is accordingly dismissed. .....

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Nov 25 2004 (SC)

Commissioner of Endowments and ors. Vs. Vittal Rao and ors.

Court : Supreme Court of India

Decided on : Nov-25-2004

Reported in : AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120

..... 10.1989 and got the order in the writ petition taking the advantage of the absence of the advocate general at the hearing.2. the division bench of the high court committed an error in not considering the effect of sections 14, 16, 42, 80(1)(a) and (b) and section 87 of the andhra pradesh charitable and hindu religious institutions and endowments act ..... a. no. 1536 of 1995 within two months from today.'against the dismissal of the review petition the commissioner, endowments and others filed special leave petition no. 22746 of 1997 before this court. the same was dismissed as withdrawn on the statement made by the learned counsel that the ..... court in the earlier round had become final. officers of the endowment department including the commissioner, endowments sought review of the order passed in the aforementioned writ appeal no. 1536 of 1995, which was dismissed on 12.11.1997 holding that the earlier judgment of this court in civil appeal ..... by the aforementioned order of the learned single judge. the division bench of the high court dismissed the said writ appeal on 13.1.1997 observing that the appellants in the writ appeal had not represented themselves in the earlier proceedings when the matter came up to this court ..... purchasers of the land, filed writ appeal no. 1536/95. the division bench of the high court by the order dated 13.1.1997 held that the appellants in the writ appeal having not represented themselves in the earlier proceedings when the matter came up to the supreme court .....

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Dec 21 2004 (HC)

Meka Suryanarayana S/O. Naganna Vs. the Regional Joint Commissioner En ...

Court : Andhra Pradesh

Decided on : Dec-21-2004

Reported in : 2005(1)ALD734; 2005(1)ALT748

..... petitioner was issued a notice dated 23-04- 2003, intimating that the lease stood terminated, by virtue of the provisions of section 82 of the a.p. charitable and hindu religious institutions & endowments act, 1987, as amended by act 27 of 2002, (hereinafter referred to as 'the endowments act'). thereupon, the petitioner filed an application before the 2nd respondent to declare and recognize him as landless poor. through his order ..... that view of the matter, the petitioner cannot be treated as landless poor. they also contend that the lease in favour of the petitioner stood terminated by virtue of section 82 of the endowments act, and he has no right to continue in the possession of the land.4. the petitioner was granted lease over an extent of ac.13.35 cents of ..... land, way back in the year 1970. on account of the applicability of the provisions of the a.p. (andhra area) tenancy act, 1956 as well as striking down of section 82 of the endowments act, by this court, the lease of the petitioner could not be terminated. it was in the recent past, that the supreme court upheld the validity ..... measures indicated therein are in relation to landless poor persons, and since the petitioner is not a landless poor person, the said circular is hardly of any use to him.10. the writ petition is dismissed. there shall be no order as to costs. .....

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May 05 2004 (SC)

A. Ramaswamy Dikshitulu and ors. Vs. Government of Andhra Pradesh and ...

Court : Supreme Court of India

Decided on : May-05-2004

Reported in : 2004(5)ALT37(SC); 2004(3)CTC679; JT2004(5)SC475; 2004(5)SCALE359; (2004)4SCC661

..... of andhra pradesh enacted the andhra pradesh charitable & hindu religious institutions & endowments act, 1987 [hereinafter referred to as 'the act'] providing for abolition of all rights whether hereditary, contractual or otherwise of any person who is an archaka or a mirasidar or a mathadhipati or any other office holder of office in any religious institution. the provisions of the act were challenged in the writ petitions filed before ..... these review petitions is that this court has in several decisions explained the scope of the said provisions and it has been held therein that religious practices or performances of acts in pursuance of the religious belief are as much a part of religion as faith or belief in a particular doctrine; that thus, if the tenets of a ..... v. prathivathi bhayankaram venkatacharlu and ors. . the learned senior counsel for the petitioners strenuously contended that the decision sought to be reviewed goes counter to the principles of religious freedom and practices expanded in the said cases. the ratio in seshammal v. tamilnadu ilr 35 mad 631 case has been misunderstood by this court, according to the ..... regarded by the said religion as its essential and integral part and otherwise, even purely secular practices which are not essential or integral to the religion will be clothed a religious form to claim protection under these provisions.3. the contentions raised by the petitioners are based on the decisions of this court in commissioner, hre v. l.t. .....

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Jan 23 2004 (HC)

M. Deva Narayana Reddy and ors. Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Decided on : Jan-23-2004

Reported in : 2004(1)ALD892; 2004(2)ALT65

..... as well as the orders issued in g.o. ms. no. 452 dated 14.5.1993 pending final decision of the government under sub-section (1) of section 121 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (for short 'the act') vide g.o. ms. no. 511, dated 28.6.1996. the government accordingly further directed the executive officer of the ttd to take ..... necessary further action for issuing notices to all the affected persons as is required under section 121 of the act.12. the petitioner in writ petition no. 20009 ..... scheme called rajamahal vilas ii stage. the authority passed resolution dated 26.6.1984 wherein it was decided that each of the appellant would be given a site admeasuring 40' x 60' free of cost. the bangalore development authority did not implement the decision on the ground that the resolution was not approved by the state government. the bangalore development ..... of 2002 and several others who were also provided with alternative accommodation filed writ petition no. 22238 of 1997 and batch challenging g.o. ms. no. 511 dated 28.6.1996. the said .....

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Feb 26 2004 (HC)

Gullapalli Krishna and ors. Vs. District Collector and ors.

Court : Andhra Pradesh

Decided on : Feb-26-2004

Reported in : 2004(2)ALD759

..... is stated that sri seetharama swamy devasthanam, the 4th respondent herein, made claim over the lands and in fact, had submitted an application under section 77 of the a.p. charitable and hindu religious institutions and endowments act, 1987 (for short 'the act') before the 2nd respondent for resumption of the land and for ancillary reliefs in december 2000, and that the same is pending. petitioners contend that ..... even while that application is pending, the 2nd respondent issued a show-cause notice under section 77 itself, and that it would result in duplication of ..... the learned counsel for the petitioners, learned government pleader for revenue and learned counsel for the 4th respondent.4. section 77 of the act empowers the revenue divisional officer to pass appropriate orders as indicated therein, either on an application filed by religious institutions or suo motu. the impugned show-cause notice is issued in exercise of the suo motu powers. if this is .....

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Jan 20 2004 (HC)

N. Mallakanti and ors. Vs. Chennakesava Swamy Temple and anr.

Court : Andhra Pradesh

Decided on : Jan-20-2004

Reported in : 2004(2)ALD148

..... called the act for brevity) as illegal and contrary to provisions of the act.2. the petitioners in the first writ petition claim that they have been cultivating tenants for the last ..... land admeasuring ac.10.00s. all the petitioners seek a writ of mandamus declaring the action of the temple authorities and the assistant commissioner, endowments, kurnool in seeking to evict the petitioners from the lands allegedly in their possession without considering their claims for the purchase of the land under sub-section (2) of section 82 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (hereafter ..... cultivating tenants is denied. the allegation that they are tenants for the last 30 years is also denied stating that petitioners-2 to 4 who are inducted as tenants during 1997-98 for a period of three years. the lease expired in march, 2000. in the case of petitioners-1 and 5 also, lease period expired and auction was conducted thereafter .....

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