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december 1970

Supreme Court of India · 1970-12-02

KAKINADA ANNADANA SAMAJAM ETC. vs COMMISSIONER OF HINDU RELIGIOUS & CHARITABLEENDOWMENTS, HY

Citation / case number
SC 1970/60066
Court
Supreme Court of India
Petitioner
KAKINADA ANNADANA SAMAJAM ETC.
Respondent
COMMISSIONER OF HINDU RELIGIOUS & CHARITABLEENDOWMENTS, HY
Author
SHAHC.,MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,RAY, A.N.
Bench
SHAH, J.C.,MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,RAY, A.N.

Judgment text excerpt

The Supreme Court held that the office of a hereditary trustee does not constitute 'property' under Article 19 of the Constitution. The Court distinguished the role of hereditary trustees from that of shebaits and dharmakartas, emphasizing that their rights are limited to management without proprietary interest. The Court upheld the validity of Sections 15, 17, 27, 36, and 97 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966, finding the restrictions reasonable and in the public interest, particularly in light of reported mismanagement of endowment properties.

KAKINADA ANNADANA SAMAJAM ETC. vs COMMISSIONER OF HINDU RELIGIOUS & CHARITABLEENDOWMENTS, HY · Niyam