Y NAGESWARA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Impugning the order passed by the State Government in G.O. Ms.No. 481, Revenue (Endts. IV) Department dated 1-7-1988 by which the State Government accorded permission to the executive authorities of Sri Seetharamaswamy Temple, Putamata, Vijayawada Town for sale of acres 0.49 cents in RS. No. 1/2-B belonging to the temple, by private negotiations, in favour of respondents 3 to 6 at the rate of Rs. 10 lakhs per acre by relaxing the ban on sale of temple lands, this writ petition was filed by Y. Nageswaro Rao, a trustee of the temple seeking a writ of certiorari to quash the said order. Before advertising to the contentions raised, it is necessary to notice the facts leading to the present writ petition.

(2.) The total land owned by the temple is Ac. 2-20 cents. Krishnaiahthe husband of the third respondent and father of the respondents 4 to 6 was permitted to put up a hut on the land for the purpose of keeping a watch over the land to prevent encroachments. After the demise of the said Krishnaiah, respondents 3 to 6 put up structures on the land unauthorisedly. The extent of the land covered by the structures is about 0.15 cents. They made representations to the Government requesting for sale of the land by private negotiations but the Government rejected the request in the year 1982 and 1984 although the Board of Trustees agreed for such a sale. Aggrieved by that the respondents 3 to 6 filed W.P. 9004/82 in this court. It was allowed in the first inslance by Seetharam Reddy, J. on the ground that the order of the Government did not contain any reasons but that judgment was reviewed r n the application filed by the petitioner herein who got himselfim pleaded as a respondent. The learned Judge dismissed the writ petition on 27-1-1988 following the decision of the Supreme Court in C. Rami Reddy vs. Govt. of A. P.I. The respondents 3 to 6 herein carried the matter in appeal in W. A. No. 252/88 which was allowed by a Division Bench of this court consisting of Raghuvir, Acting Chief Justice and Kodandaramayya, J with a direction to the State Government :

(3.) Subsequent to the judgment of this court in the said writ appealrespondents 3 to 6 submitted an application on 2-3-88 requesting the Government to grant permission for sale of the land (0.49 cents) by private negotiations at the market value. The Government acceding to the request of respondents 3 to 6 passed the impugned order.