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CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1147-48 of 1986.

From the Judgment and Order dated 24.12.1984 of the Andhra Pradesh High Court in W.P. No. 5138/82 and 545 of 1982.

C.S. Vaidyanathan for the Appellants. F P.P. Rao and R. Venkataramani for the Respondents. The Judgment of the Court was delivered by THAKKAR, J. More often than not detriment to what belongs to 'many', collectively, does not cause pangs to 'any', for no one is personally hurt directly. That is why public officials and public minded citizens entrusted with the care of 'public property' have to show exemplary vigilance. What is t me of 'public property' is equally true of property belonging to religious or charitable institutions or H endowments. The facts of the present case involving The sale of lands which have been sanctioned Lo be sold for about Rs. 20 lakhs by private negotiations, instead of by public auction, which the appellants are prepared to purchase for about Rs. 80 lakhs, illustrate this point in a telling manner Background : The legality and validity of a Government Order according permission to "Bugga Math", Tirupathi, a religious endowment, in exercise of powers under proviso Lo clause (c) of sub-section (I) of Section 74 of Andhra Pradesh Charitable and Hindu Religious and Endowments Act, 1966 (Act) to sell certain lands belonging to the Math by private negotiations to Respondents 5 to 24, at the price of Rs. 62,500 per acre has been questioned by the Appellants The impugned order, in so for as material, reads "Revenue (Endowments-III) Department, G. O. Rt. No. 232 Dated 12.2.1982.

Read the following :

1. From the Commissioner, Endowments Department, Lr. No. M3/M.A. 4/81 dated 16.4.1981.
2. From the Commissioner, Endowments Department, Lr No.143/M.A. 4/81 dated 1.12.81.

Order :

In The circumstances reported by The Commissioner, Endowment Department in the references read above, the Government hereby accord permission under proviso to clause
(c) of the sub-section (I) of Section 74 of the Andhra Pradesh Charitable and Hindu Religious and Endowments Act 1966 (Act 17 of 1966) for The sale of The lands belonging to Sri Bugga, Math, Tirupathi, Chandragiri Taluk, Chittoor dt., in favour of the sitting tenants as detailed by private negotiations :

Other facets : The following facts have emerged :-

(1) A scheme for managing the Math was framed in 1929. Since 1943 there is no Mahant and an Executive Officer of the Endowments Department is managing the affairs of the Math.
(2) The lands in question belonging to the Math are dry lands admeasuring 32-01 acres. (3) The lands were given on lease to Original Respondent No. 8 (A. Munaswamy : Now deceased :
represented by his Legal Representatives) in 1964. (4) The lands are in occupation of respondents 5 to 7 and 9 to 24. Their Legal capacity and legal right, if any, to be in possession of the land, has yet to be established.
(5) Respondent No. 8 who claims to be a sitting tenant obtained a decree from the Court of District Munsiff, Tirupati, in O.S. No. 361/76 restraining the Manager from auctioning the lease hold rights before evicting him from the land.
(6) The income derived by the Math from these lands is Rs. 1,225 per annum as at present. (7) The proposal to sell the lands to respondents 5 to 24 at Rs. 60,000 per acre would have fetched Rs. 19,20,000 and yielded an annual income of approximately Rs. 1,90,000 (at 10% p.a.) from the sale proceeds.