G RAGHVA REDDY Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) :-This writ petition and writ appeal raise same questions of law and fact and therefore, are being disposed of together.

(2.) G.O. Ms. No.911, dated 14.12.2000 issued by the Government of Andhra Pradesh, is the subject-matter of Writ Petition No.8063 of 2004 and is challenged in the writ petition. Same G.O. was challenged in Writ Petition No.2563 of 2002. That writ petition has been dismissed by the learned Single Judge of this Court. Writ Appeal No.1035 of 2004 has been filed against that judgment of the learned Single Judge.

(3.) By G.O. Ms. No.911, dated 14.12.2000, the Government allowed sale of land belonging to 'Sri Bhavanarayanaswamy Temple', Ponnur, in favour of A.P.N.G.O's Association, Ponnur, by private negotiations under Section 80(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as 'the Act'). The price per acre was fixed at rupees four lakhs. The order stated that the transaction would be beneficial to the temple. Now, this order is challenged in both the writ petitions, on the ground that the temple was endowed with agricultural land to meet the expenditure of Nitya Dhoopa Deepa Naivedyam and the land has been permitted to be sold to the N.G.O's Association by private negotiations. In the first instance, there was no need to sell the land and if there was a need, the land should have been sold by public auction. The land was sought to be sold to the respondent-association for the purpose of house sites and the land was not suitable for house sites, as it was agricultural land and if the land had been sold by public auction, it would have definitely fetched amount more than rupees four lakhs per acre, as consideration.