(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased it is prayed that this Hon’ble Court may be pleased to issue a Writ or order or directions more particularly in the nature of Writ of Mandamus directing the 2nd Respondent to follow the procedure laid down under Sec.80 of the Act 1987as well G.O.Rt.No.789, dated 19.05.2026 issued by the 1st Respondent bypermitting the Petitioner to proceed with the E-Tender-Cum-Public Auction for the sale of the land admeasuring Ac.6.89 cents in Sy.No.259 of Kalluru Agraharam Village, Garladinne Mandal, Ananthapuramu District, belonging to Sri Pushpagiri Mutt, in the interest of justice and to pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2nd Respondent to accord permission to the Petitioner as per the procedure laid down under Sec.80 of the Act 1987 to proceed with the E-Tender-Cum-Public Auction for the sale of the land admeasuring Ac.6.89 cents in Sy. No. 259 of Kalluru Agraharam Village, Garladinne Mandal, Ananthapuramu District, belonging to Sri Pushpagiri Mutt, in strict compliance with G.O.Rt.No.789, dated 19.05.2026 issued by the 1St Respondent, in the interest of justice and to pass)

1. The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ or order or directions more particularly in the nature of Writ of Mandamus directing the 2nd Respondent to follow the procedure laid down under Sec.80 of the Act 1987 as well G.O.Rt.No.789, dated 19.05.2026 issued by the 1st Respondent by permitting the Petitioner to proceed with the E-Tender-Cum-Public Auction for the sale of the land admeasuring Ac.6.89 cents in Sy.No.259 of Kalluru Agraharam Village, Garladinne Mandal, Ananthapuramu District, belonging to Sri Pushpagiri Mutt, in the interest of justice and to pass such other order or orders.…”

2. Heard learned counsel appearing for both sides.

3. On perusal of the affidavit filed in support of the writ petition, it appears that the petitioner-Institution is the absolute owner and in possession of the land admeasuring Ac.6.89 cents situated in Sy.No.259 of Kalluru Agraharam Village, Garladinne Mandal, Ananthapuramu District.

4. The petitioner’s Institution intends to sell the land, as the said land is not viable for agriculture and for lease purpose. Despite earnest efforts made by the petitioner, the petitioner is not fetching any amount or yield by way of lease, and it is continued for the last ten years without income. Due to its geographic location and specific terrain conditions, leasing out the property is no longer a viable source of revenue for the petitioner’s Institution.

5. The petitioner’s Institution approached the Endowments Department seeking permission to alienate the property through a public auction. Following the proposal, the Commissioner of Endowments (FAC), AP, Vijayawada, submitted a comprehensive report vide Letter.Rc.No.M3/19024(31)/1/2026, dated 11.04.2026. Thereafter, the Government issued G.O.Rt.No.789, dated 19.05.2026. However, a rider was incorporated in the said G.O., enabling the sale of the property subject to obtaining permission from this Court, as directed in W.P.No.11812 of 2005, dated 22.11.2005.

6. Therefore, the present writ petition has been filed seeking a direction to the respondents to allow the petitioner to sell the aforesaid land invoking Section 80 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter for short ‘Act No.30 of 1987’).

7. Learned counsel for the petitioner relied on the order of the Erstwhile High Court of Andhra Pradesh in W.P.No.11812 of 2005, dated 22.11.2005.

8. On perusal of the order, it appears that the rider would come into operation only in cases where the sale of the property arises out of a compromise or negotiations. The said rider is not applicable when the Institution intends to alienate the property by way of public auction under Section 80 of the Act No.30 of 1987.

9. The written instructions furnished by the 2nd respondent also indicate the same, as observed by this Court in the preceding paragraphs.

10. In the case on hand, as there was no such compromise or negotiations, the said rider is not applicable to the present facts of the case.

11. Therefore, the present Writ Petition is disposed of, permitting the petitioner to sell the land duly following the procedure, as outlined under Section 80 of the Act No.30 of 1987. There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending if any, shall stand closed.