SOMANATHA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These two writ petitions are filed assailing the action of the first respondent in according permission for the sale of land in an extent of Ac. 1-35 cts in R.S.No. 293 in Penugonda village, West Godavari District belonging to Sri Nageshwara Swamy and Sri Vasavi Kanyaka Parameshwari Temples, Penugonda of West Godavari District, by way of private sale in favour of the fourth respondent as the same is in contravention of the provisions of Section 80 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act').

(2.) The petitioners are the villagers of Penugonda and they are the devotees of Sri Nageswara Swamy, Sri Mahishasura Mardhini, Sri Vasavi Kanyaka Parameshwari Temples of Penugonda. The said temples own an extent of Ac. 1.96 cents in R.S.No. 293 of Penugonda. According to the petitioners, the third respondent in collusion with the fourth respondent proposed to alienate the said land for a meagre price causing loss to the Institution, and therefore, they have approached this Court and filed W.P.No. 19936 of 1993 and sought for stay of further proceedings and this Court was pleased to pass interim orders staying all further proceedings by an order dated 27th December, 1993. In spite of the order of this Court, the respondents 3 and 4 proceeded to execute the registered sale deed and presented it for registration. Thereafter, as the petitioners came to know that the first respondent Government has issued G.O.MS.NO. 937, Revenue (Endts. IV) Department, dated 24-09-1993 according permission to the third respondent for sale of property by private negotiations other than by public auction, the second writ petition is filed for quashing the said proceedings as well as the consequential sale deed that was executed by the third respondent in favour of the fourth respondent on 23-12-1993 and presented on 28-12-1993 for registration and the sale deed was registered on 21-01-1994.

(3.) In the second writ petition, the petitioners have also sought for a direction to the respondents not to change the nature of the land pending writ petition. An interim order was granted by this Court and was also made absolute.