The Supreme Court on Thursday agreed to consider whether compulsory allocation of 2% out of 9% “Common Good Fund” for the Hindu Dharma Parirakshana Trust is contrary to Section 70 of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowment Act, 1987, or not.
Acting upon a plea, a division bench of Justices Indira Banerjee and J.K. Maheshwari issued notice to the State of Andhra Pradesh and granted permission to Hindu Dharmika Parirakshana Trust, Vijayawada to file the SLP against the order of the Andhra Pradesh High Court. The Court, however, refused to stay the order of High Court at present stage.
The petitioner has also sought directions against the Commissioner of Endowments State of Andhra Pradesh and O. Naresh Kumar, Director of AP Chambers of Commerce and Industry.
The present petition has been filed against the order of the Andhra Pradesh High Court which had set aside the Government Order passed on 1.10.2015, by which it had made 2% compulsory allocation of “common good fund” for the Hindu Dharmic activities by Hindu Dharma Parirakshana Trust.
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The petition stem from the order of the Andhra Pradesh High Court which had held that since Hindu Dharma Parirakshana Trust was not established under any statutory provision, therefore diversion of 2% common good fund for Trust was illegal and had set aside the Government Order.
Case Name- Hindu Dharma Parirakshana Trust Vijayawada Vs The State of Andhra Pradesh