THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.9574 of 2002 ORDER: The land in Survey No.2117 of Venkatapuram Village, Addanki Mandal, admeasuring Ac.13.20 cents, is owned by a Hindu religious institution. The petitioner is said to be the cultivating tenant of the land. An accident is said to have occurred on 02.04.2002, in which 10 agricultural labourers belonging to Scheduled Caste and five persons belonging to other castes died. The petitioner states that in the name of rehabilitation of the affected families, the respondents are trying to take the land owned by the religious institution under the land purchase scheme and that attempts are being made to evict him forcibly. The 5th respondent filed a counter affidavit. In a way, he admitted some of the facts pleaded by the petitioner. It is stated that steps were initiated for purchase of the land referred to above for providing benefit of the same to the affected families. The Executive Officer of the Temple is said to have given consent for sale of the land. Heard the learned counsel for the petitioner and the learned Government Pleader for Endowments. The sale or transfer of the land held by the religious institutions is governed by the provisions of the A.P. Charitable and Hindu Religious and Charitable Institutions & Endowments Act and the Rules made thereunder. In addition to that, in the recent past, a Division Bench of this Court prohibited sale or transfer of the lands held by the religious institutions, since they are meant to yield income for maintenance of the institutions. The proposals mooted for acquisition of the land cannot be sustained. The Executive Officer of the Temple does not have any right to sell the land much less to give consent. At any rate, eight years have elapsed ever since the proposals were mooted. By this time, the affected parties may have been rehabilitated. So far as the tenancy rights over the land are concerned, they need to be put to auction year after year, so that the maximum income can be ensured. Therefore, the writ petition is allowed, directing that the land admeasuring Ac.13.20 cents in Survey No.2117 of Venkatapuam Village shall not be sold in favour of the A.P. Schedule Caste Co-operative Finance Corporation Limited or any other agency and that the leasehold rights thereof shall be put to auction year after year. There shall be no order as to costs. __________ 31.03.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.9574 of 2002 Date: 31.03.2010 JSU