HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.22647 of 2011 Date: 10-08-2011 Between Kota Venkata Ramakoteswara Rao … Petitioner and State of A.P. reptd. by its Commissioner, Endowments Department, Tilak Road, Hyderabad & 3 others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No. 22647 of 2011 ORAL ORDER Petitioner who is desirous of purchasing a site belonging to Sri Sita Rama Swamy Seva Mandal, Guntur, has filed this Writ Petition seeking a direction to the respondents to dispose of his representation dated 24.5.2011. The learned counsel for the petitioner submits that the site admeasuring 48 sq. yards originally belonged to the grand father of the petitioner, namely late Kotaiah. Subsequently, one of the legal heirs of late Kotaiah gifted the said site in favour of Sri Sita Rama Swamy Seva Mandal in the year 1983. It appears that there are some disputes between the petitioner and other legal heirs of late Kotaiah. In the said circumstances, the petitioner submitted a representation dated 24.5.2011 to the 2nd respondent-Deputy Commissioner of Endowments, Guntur requesting to sell the said site in his favour. As no action has been taken by the 2nd respondent-Deputy Commissioner of Endowments, Guntur, the petitioner has filed the present Writ Petition., Section 80 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short the “Act) prescribes that the sale shall be effected by tender-cum-public auction, that too only after the Commissioner accords his sanction having regard to the conditions stipulated in Section 80(1) of the Act. The said provision does not impose any obligation either on the part of the Commissioner or any other authority to sell any endowment property. The procedure contemplated under Section 80 of the Act has to be followed if the Endowment Department has decided to alienate the property and not otherwise. In the instant case, no such decision has been taken by the Endowment Department to sell the property nor any such conditions exist warranting the sale of the properties. In the circumstances, there is no obligation on the part of the respondents to consider the application of the petitioner. In the absence of such obligation, this Court cannot issue any writ directing the respondents to consider the application of the petitioner. The Writ Petition is dismissed. No costs. ___________________ 10.8.2011 CHV