IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4170 of 2005 Between: Ch. Satyanandam, S/o. Israiel, Cherukumpalem Vill, Achampet Mandal, Guntur District. ..... PETITIONER AND 1 Sri Visweswara Swamy Temple, Machavaram Machilipatnam Mandal, Krishna Dist, rep. by its Manager. 2 Asst. Commissioner of Endowments, Vijayawada Krishna District. 3 Commissioner of Endowments, Boggulakunta, Hyderabad. 4 Revenue Divisional Officer, Bandar, Machilipatnam. 5 The District Collector, Chikalapudi, Machilipatnam, Krishna District. 6 A.P. Social Welfare residential Educational Institution- Society, Hyderabad, rep. by its Secretary. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to Issue a writ order or direction particularly one in the nature of Writ of Mandamus to set aside the Tender-cum-public Auction executing the land on 3.3.2005 to an extent of Ac.4.00 of the 1st respondent temple. Counsel for the Petitioner : MR.D.SURESH KUMAR ( NOT PRESENT ) Counsel for the Respondents Nos 1 to 5.: G.P for Endowments. Counsel for the respondent No.6: SMT.N.INDRANI The Court made the following : ORAL ORDER: (per Hon’ble the Chief Justice) ….. 1. None appeared for the petitioner. Challenge is to the auction notice issued by 1st respondent to auction A.c. 7.00 of land in R.S.No. 198 of Machavaram, Machilipatnam Mandal & Town, Krishna District, after permission has been accorded by 2nd and 3rd respondents to sell the said land belonging to 1st respondent. 2. Grievance of the petitioner appears to be that Government has set up A.P. Social Welfare Residential Educational Institutional Society, for forming the residential schools for the welfare of the S.C. Community and since the building is in dilapidated condition, a proposal was sent to 6th respondent to select the land in R.S. No. 168 belonging to 1st respondent and 6th respondent approached 4th respondent for acquiring the land. Draft declaration was also approved by 5th respondent, but in the meanwhile 1st respondent obtained permission for auctioning the land. Therefore, direction is sought to set aside the Tender-cum-public auction notice and to direct to acquire the land for the benefit of 6th respondent. 3. We do not see any public interest involved in this petition inasmuch as some land is required for the benefit of 6th respondent, It is open for 6th respondent to have some other piece of land acquired. Petitioner cannot insist upon a particular piece of land belonging to 1st respondent to be acquired when 1st respondent wants to sell it and put it in public auction as per the provisions of A.P. Charitable & Hindu Religious Institutions and Endowments Act, after obtaining necessary consent from the Commissioner (Endowments). 4. In the result, Writ Petition is dismissed. No order as to costs. _______________________ DEVINDER GUPTA. C.J., ___________________________ B. SESHASAYANA REDDY. J., Dated: 24.03.2005. Kvrk/Vrk To 1. The Asst. Commissioner of Endowments, Vijayawada Krishna District. 2. The Commissioner of Endowments, Boggulakunta, Hyderabad. 3. The District Collector, Chikalapudi, Machilipatnam, Krishna District. 4 The Secretary, A.P. Social Welfare residential Educational Institution- Society, Hyderabad, 5. Two CCs to GP for Endowments, High Court Buildings, Hyderabad (OUT) 6. The Officer concerned, Public Interest Litigation Cell, High Court Buildings, Hyderabad. 7. The Secretary, A.P. State Legal Aid and Advisory Board, High Court Buildings, Hyderabad. 8. The Secretary to Government of A.P., Home Department, Secretariat, Hyderabad. 9. Two CD copies. 10. The Revenue Divisional Officer, Bandar, Machilipatnam. Form-NIC-OGS/WP{JGK} HON’BLE SRI DEVINDER GUPTA, CHIEF JUSTICE AND HON’BLE SRI JUSTICE B. SESHASAYANA REDDY. W.P.NO. 4170 OF 2005. ( Order of the Bench delivered by Hon’ble The Chief Justice ) Dt: 24.03.2005.