Telangana High Court
WP/27389/2005 of Sri Lakshmi Narasimhaswamy Temple, Vs The Commissioner of Endowments, Government of on 23 December 2005
SRI JUSTICE V.ESWARAIAH W.P.NO.27389 OF 2005 Dt.23.12.2005 Between: Sri Lakshmi Narasimhaswamy Temple, Mangalagiri, Guntur, rep. by its Executive Officer. … Petitioner And The Commissioner of Endowments, Government of Andhra Pradesh, Hyderabad. … Respondent ORDER: Heard
W.P.NO.27389 OF 2005
Dt.23.12.2005
Between:
Sri Lakshmi Narasimhaswamy Temple,
Mangalagiri, Guntur, rep. by its
Executive Officer. … Petitioner
And
The Commissioner of Endowments,
Government of Andhra Pradesh,
Hyderabad. … Respondent
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ORDER:
Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Endowments.
The petitioner is a temple. It is stated that the Executive Officer of thepetitioner temple sought permission to sell certain lands of the templeby way tender-cum-public auction and accordingly the said proposalswere recommended by the Deputy Commissioner, EndowmentsDepartment, Guntur vide proceedings in Rc.No.A4/ 1702/03 dated28.1.2004 according permission under Section 80(1) of Act 30 of1987 to the Executive Officer of the petitioner temple to sell the landsin question in tender-cum-public auction after following the rules inforce. The particulars of the lands are Ac.3.93 cents in D.No.19 andAc.4.32 cents in D.No.55. It is further directed to follow the conditionsissued in circulars from to time and the provisions of the Act and rules made thereunder. It is stated that pursuant to the said permission,paper notification was issued on 2.3.2005 to conduct public auctionon 25.5.2003, but on that date sufficient bidders were not cameforward and the same was postponed. It is stated that a DivisionBench of this Court by order 7.6.2005 in W.P.M.P.No.15055 of 2005in W.P.No.11812 of 2005 directed that no sales of endowments landsshall be effected without the permission of this Court until furtherorders. It is further stated that the said interim order was clarified inW.P.M.P.No.30112 of 2005 in W.P.No.23453 of 2005 on 22.11.2005making it clear that the sales arising out of compromise ornegotiations shall remain stayed in terms of the earlier order dated7.6.2005, but there cannot be any restriction for effecting sales madeby the temples or endowments by way of public auctions.
Having regard to the facts and circumstances of the case, I am of theopinion that the apprehension of the petitioner that the petitionertemple cannot dispose of the land by way of tender-cum-publicauction is without any foundation. As the permission was alreadygranted in favour of the petitioner by the Commissioner, EndowmentsDepartment, vide proceedings dated 2.2.2005 and as per the clarifiedorders of the Division Bench of this Court dated 22.11.2005 inW.P.M.P.No.30112 of 2005 in W.P.No. 23453 of 2005, there cannotbe any restriction for the petitioner temple to dispose of the said landsby tender-cum-public auction by giving wide publicity and by followingthe procedure prescribed under the rules.
The writ petition is accordingly disposed of. No costs.
__________________
(V.ESWARAIAH, J.)
23.12.2005
Note: Issue copy within two days
B.O.
kpr