PUSHPAGIRI MUTT v. THE STATE OF AP, REPRESENTED.BY REVENUE
Case at a glance
Outcome
Disposed of
Therefore, the present Writ Petition is disposed of, permitting the
Provisions considered
Key paragraphs
- Para 1111. 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…
Judgment
Cause title
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 16053/2026 Between:
1. PUSHPAGIRI MUTT, REPRESENTED BY ITS PEETADHIPATHI SRI VIDYA SANKARA BHARATI, SUCEEDING SRI VIDYA NIRUSIMHA BHARATI ( GURUPARAMPARA), SRI SRI SRI JAGADGURU PUSHPAGIRI SHANKAACHARYA MAHA SAMSTHANAM,42-372-5 AND 6, JAYA NAGAR COLONY, KADAPA -516002, AND ALSO AT 1- 10-176/B, BEGUMPET, HYDERABAD -500016 ...PETITIONER
AND
1. THE STATE OF AP, REPRESENTED.BY REVENUE ITS PRINCIPAL (ENDOWMENTS) DEPARTMENT, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.
2. THE COMMISSIONER OF ENDOWMENTS FAC, ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA -521225. ...RESPONDENT(S)
: 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 2 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 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 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 Counsel for the Petitioner:
1. CORPUS JURIS LAW PANEL LLP Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16053 of 2026
ORDER:
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.…
Heard learned counsel appearing for both sides.
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.
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. 4
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.
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’).
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.
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.
The written instructions furnished by the 2nd respondent also indicate the same, as observed by this Court in the preceding paragraphs.
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. 5
Operative part
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. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.06.2026 KBN Whether the order is: Speaking Reportable Reasoned Non-reportable 6 29 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16053 of 2026
24.06.2026 KKBBNN
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Therefore, the present Writ Petition is disposed of, permitting the
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Code of Civil Procedure, 1908 — s. 151; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 — s. 80.
Which court decided this case, and when?
Andhra Pradesh High Court, on 24 Jun 2026. The bench was TARLADA RAJASEKHAR RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.