TMI Blog1975 (11) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... asa boys and girls etc. THE appellants are maintaining various institutions pursuant to those objects. THE Endowment Department of the State, included the various institutions of the appellants in the List of Religious Institutions published under Section 6 (c) (ii) of the Andhra Pradesh Act 17 of 1966 calling upon them to have the institutions or temples registered under Section 38 of the said Act. THE appellants along with others filed writ petitions in the High Court of Andhra Pradesh challenging the validity of the notices issued by the Endowment Department on the ground that Sections 15, 17, 27, 36 and 97 of the Andhra Act 17 of 1966 were violative of Arts. 14, 19 (1) (f), 25, 26 and 31 of the Constitution. 2. The questions for con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ular religious or charitable institution is or is not a religious denomination or any section thereof within the meaning of Article 26 of the Constitution, is also a question of fact or, in any event, a mixed question of fact and law which can be more satisfactorily and effectively adjudicated upon in a competent civil court. Whether the Vyasa and Lingayat Communities and the institutions, religious or Charitable, founded by the members of those communities are religious denominations or not, are questions which should be determined in a proper forum. Resort to the writ remedy in the first instance is inappropriate and misconceived. The petitioners who claim that their institutions are religious denominations are at liberty to establi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. We therefore decline to go into these questions. We would only reiterate what was said then: A faint attempt was made to sustain the attack under Arts. 14 and 26 (d) of the Constitution but finally hardly any arguments were addressed worth noticing on these points... The High Court has rightly left open the question whether the Turner's choultry is a private or a public charitable institution. This the Municipal Council is entitled to agitate before the Deputy Commissioner under S. 77 of the Act... Before the High Court some of the writ petitioners had claimed that their institutions were religious denominations within Art. 26 and were therefore entitled to the protection guaranteed by that Article. The High Court has, quite ..... X X X X Extracts X X X X X X X X Extracts X X X X
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