HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20240 of 2010 Date : 24.08.2010 Between : Y. Venkata Kasi Viswanath. …..Petitioner And The Sub-Registrar, Mangalagiri, Guntur District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20240 of 2010 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondent No.1 in insisting for ‘no objection certificate’ from the Endowment authorities for the purpose of receiving and processing the document for registration, for sale of land covered by D.No.110/1, situated in Undavalli village of Tadepalli Mandal in Guntur District, as illegal and arbitrary. It is the case of the petitioner that he is the absolute owner of 50 cents of land covered by D.No.110/1, situated in Undavalli village of Tadepalli Mandal in Guntur District. Originally, the said land was purchased by his grandfather by name Sri Radhakrishna Murthy, under a registered sale deed, dated 2nd January 1981, from Sree Venugapala Swamy Vari Temple, vide document bearing No.25 of 1981. It is submitted that before sale of such land belonged to the temple, prior permission was granted by the 2nd respondent-Commissioner for sale of said land by way of open Auction, vide proceedings, dated 2nd January 1980, issued in proceedings No.M3/MA/01/79. When the sale was confirmed in favour of the grandfather of the petitioner being the highest bidder, a registered sale deed was also executed in his favour on 2nd January 1981. It is submitted that after the death of his grandfather, the petitioner, his mother and three brothers, have succeeded to the property and this property has fallen to the share of the petitioner. In this writ petition, it is the grievance of the petitioner that although the said property is purchased in the open auction, the 1st respondent/Sub-Registrar is insisting to obtain ‘no objection certificate’ from respondents 2 and 3, on the ground that the said land belongs to Sree Venugopala Swamy Vari Temple. On written instructions, it is submitted by the learned Government Pleader appearing for respondents, that based on the representation filed by the 3rd respondent, a report was called for from the Executive Officer of the Undavalli Group of temples, who has submitted his report, dated 01.03.2010, a copy of which, is placed before this Court. In the said report, it is stated by the Executive Officer that the land in question to an extent of 50 cents covered by D.No.110/1 of Undavalli village of Tadepalli Mandal in Guntur District, was sold away in public auction as per the permission granted by the Commissioner of Endowments in proceedings No.M3/MA/101/ 79, dated 2nd January1980, and sale was confirmed in favour of the petitioner’s grandfather. In that view of the matter, it is stated that the property in question does not belong to subject temple, and as such, a request is made to the Assistant Commissioner of Endowments to issue ‘no objection certificate’ to the applicant for sale of the aforesaid land. From the aforesaid report placed on record by the learned Government Pleader, it is clear that the property in question originally belonged to the temple and when it was put to public auction, the grandfather of the petitioner, being the highest bidder, purchased the same vide registered sale deed, dated 2nd January 1981. In that view of the matter, there is no basis for insisting the petitioner to get ‘no objection certificate’ from the Endowment authorities. The aforesaid land cannot be treated as temple land, in view of the open auction conducted and the sale having been concluded in favour of the petitioner’s grandfather. For the aforesaid reasons, the writ petition is allowed with a direction to the 1st respondent that if the petitioner intends to sell the land in question and presents any document for registration, he is directed to receive and register the same, without raising any objection that the said land belongs to the temple, if such document is in accordance with the Indian Stamp Act and Registration Act. No order as to costs. ______________________ R. SUBHASH REDDY, J 24th August 2010 ajr