@#@#@#@#@#@#@ HONOURABLE DR.JUSTICE G.YETHIRAJULU WRIT PETITION NO:11243 of 2000 DATED: 13-02-2008 Between: Veerashaiva (Lingayat) Pragathi Samaj, Kodangal (Reg.) rep.by its Secretary B.Rajeshwar ..... PETITIONER AND 1. The Government of A.P., rep.by its Principal Secretary, Endowment Department, Secretariat Buildings, Hyderabad and 3 others. .....RESPONDENTS @#@#@#@#@#@#@ ORDER: This is a writ petition filed by the petitioner seeking to declare the memo dated 16-06-1999 issued by the first respondent confirming the proceedings of the second respondent passed on 12-01-1996 as illegal, arbitrary and violative of the principles of natural justice and the subsequent proceedings issued by the second respondent dated 28-12-1999 and the proceedings issued by the third respondent on 27-11-1999 are illegal and arbitrary. The petitioner is a Veerashaiva Pragathi Samaj registered for the protection of the cause of Lingayats. It is alleged in the petition that the 4th respondent was the Mathadipathi of Niranjan Matt, Kodangal, which is having vast immovable properties. It is an institution under the Endowments Act, 1987, (for brevity ‘the Act’) and it is under the supervision of the authorities under the Act. The petitioner alleged that the 4th respondent is not conducting himself properly to protect the properties of the institution; that he is not performing the rituals which used to be performed by the previous Mathadipathi and as the 4th respondent is spending away the sale proceeds for his personal use in collusion with the respondents 2 and 3 and though several representations are being made to the authorities concerned, no enquiry was ordered and no action has been taken, therefore, he filed the present writ petition seeking the reliefs as mentioned above. Learned counsel for the petitioner submitted that the properties were sold without any necessity for sale with the connivance of the respondents 2 and 3 and the procedure prescribed under the provisions of the Alienation of Immovable Property Rules for selling the lands was not followed and there is no account maintained by the 4th respondent for the amounts realized after selling away the property. Therefore, it is a fit case to pass appropriate orders in this writ petition. Respondents 2 and 3 filed a detailed counter mentioning that the Niranjan Matt is an institution published under Section 6 (d) of the Act and is also registered in the book of Endowments under Hyderabad Regulations on Munthkab No.514 of 1314 fasali in column No.13 of the Munthkab. The Matt is under the administrative control of the Assistant Commissioner, Endowments Department, Mahaboobnagar. The 4th respondent was recognized as Mahanth in the proceedings of the Commissioner dated 17-09-1971. The Matt owned landed property in seven villages. The lands were used to be leased out to in the public auction and the income used to be utilized for the maintenance of the Matt. Some lands situated in Rudraram village were sold in public auction as per the rules. As the lands were not giving any yield and they were uneconomical the sale was confirmed by the Commissioner through his order dated 15-05-1979, so also other properties wherein the Commissioner has confirmed the sales conducted by the authorities concerned. The Mahant had proposed for sale of about six items of land as they are uneconomical. The Assistant Commissioner, Endowments Department, recommended to the Commissioner for according permission for the sale of the above lands in the public auction and the Commissioner through the order dated 19-05-1995 accorded permission for sale of the lands in public auction and no objections and suggestions were received in that connection. While so, the Secretary of the petitioner association by name B.Rajeshwar and one Shantha Kumar filed O.S.No.71 of 1996 before the Munsif Court, Kodangal, for injunction restraining the 4th respondent from alienating the properties but the said suit was dismissed and subsequently the petitioner made a representation to the Government and the memorandum was presented to the Chief Minister on 15-01-1997 the Chief Minister called for the report in the matter. The Government after obtaining the detailed report from the Commissioner for sale of the lands accorded permission directing the Commissioner to proceed with the public auction of the lands and the sale proceeds collected from the auction of the lands on different occasions to a tune of Rs.14 lakhs was kept in fixed deposit in the name of the Matt. It is further mentioned that the 4th respondent is a Sanyasi Matt and only brahmachary Matt has to fight the Court litigations in the interest of the institution. Respondents 2 and 3 therefore requested that the writ petition may be dismissed as devoid of merits. After going through the contents of the entire writ petition and the counter-affidavit filed by the respondents 2 and 3, I am convinced that the 4th respondent followed the instructions of respondents 2 and 3 and the sales were held as per the instructions of the respondents 2 and 3 and the amounts were kept in fixed deposit. Though the petitioner contended that the 4th respondent is acting against the interest of the institution, he did not make any specific allegations as to what are the illegal activities which are diminishing the prestige of the institution. Though the petitioner stated that the procedure prescribed for alienation of the lands was not followed, the Endowments Commissioner after satisfying that the auction was conducted after following the procedure prescribed under law accorded permission from time to time. As the authorities concerned including the Government have gone through the allegations made by the petitioner and accorded permission for sale of the lands by observing that keeping the lands is not economical and beneficial to the interest of the institution, I do not find any illegality in the orders passed by the respondents 1 to 3 from time to time and I do not find any merits in the writ petition. The writ petition is accordingly dismissed. No order as to costs. _________________ 13th February, 2008 SKM