THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.5416 of 2006 ORDER: The petitioners 1 to 4 are the Trustees of Sri Lokeswara & Janardhana Swamy Temple, Kodur Village, Mudinepally Mandal, Krishna District. The petitioners 5 and 6 are said to be the devotees of that Temple. An extent of Ac.17.38 cents of wet land in R.S.No.162/2, is endowed to that Temple. On a proposal mooted by the Manager of the Temple, the Commissioner of Endowments, the 2nd respondent herein accorded permission for sale of the land by public auction. The petitioners submit that the valuable and fertile land of Ac.17.38 cents is the only source of income to the Temple for the past 200 years, and there was absolutely no basis or necessity to sell the land. They challenge the proceedings dated 28-02-2006, issued by the 2nd respondent. In the counter-affidavit filed on behalf of the respondents, it is stated that the Temple is having nearly 100 acres of land and the bit of Ac.17.38 cents, which is proposed to be sold is surrounded by fish tank, and is not fit for cultivation. Heard the learned counsel for the petitioners, learned Government Pleader for Endowments, and learned Standing Counsel for the 4th respondent-Temple. The temptation for the Government and in fact, for certain officials of the Endowments Department to sell the properties that have been endowed to religious institutions is on the increase. One of the other grounds are cited, to sell the properties. In many cases, the proposals for sale are mooted, keeping certain vested interests in view. The reason assigned by the respondents is hardly convincing. It is not even stated that the leasehold rights of the land has been put to auction, at all. It is only when the notification is issued for auctioning the leasehold rights, that the fertility or cultivability of the land would come into light. Further, the existence of fish tank is not a permanent feature. Over a period, the nature of activity in the surrounding lands may change. At any rate, the respondents ought to have ascertained the views of the trustees, before the proposals for sale of the land are mooted. Hence, the writ petition is allowed, and the impugned proceedings are set aside. It is directed that the leasehold rights in respect of the land shall be put to auction for the current crop year, and the proceeds thereof shall be utilized for the maintenance or development of the Temple. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.04-06-2010. KO