( 1 ) IMPUGNING the order passed by the State Government in G. O. Ms. No. 481, Revenue (Endts. IV) Department dated 1-7-1988 by which the state Government accorded permission to the executive authorities of Sri seetharamaswamy Temple, Putamata, Vijayawada Town for sale of acres 0. 49 cents in RS. No. 1/2-B belonging to the temple, by private negotiations, in favour of respondents 3 to 6 at the rate of Rs. 10 lakhs per acre by relaxing the ban on sale of temple lands, this writ petition was filed by Y. Nageswaro rao, a trustee of the temple seeking a writ of certiorari to quash the said order. Before advertising to the contentions raised, it is necessary to notice the facts leading to the present writ petition.

( 2 ) THE total land owned by the temple is Ac. 2-20 cents. Krishnaiahthe husband of the third respondent and father of the respondents 4 to 6 was permitted to put up a hut on the land for the purpose of keeping a watch over the land to prevent encroachments. After the demise of the said krishnaiah, respondents 3 to 6 put up structures on the land unauthorisedly. The extent of the land covered by the structures is about 0. 15 cents. They made representations to the Government requesting for sale of the land by private negotiations but the Government rejected the request in the year 1982 and 1984 although the Board of Trustees agreed for such a sale. Aggrieved by that the respondents 3 to 6 filed W. P. 9004/82 in this court. It was allowed in the first inslance by Seetharam Reddy, J. on the ground that the order of the Government did not contain any reasons but that judgment was reviewed r n the application filed by the petitioner herein who got himselfim pleaded as a respondent. The learned Judge dismissed the writ petition on 27-1-1988 following the decision of the Supreme Court in C. Rami Reddy vs. Govt. of A. P. I. The respondents 3 to 6 herein carried the matter in appeal in W. A. No. 252/88 which was allowed by a Division Bench of this court consisting of Raghuvir, Acting Chief Justice and Kodandaramayya, J with a direction to the State Government :"to consider the feasibility of permitting private sale under the proviso to Clause (c) of Sec. 74 of the Act (A. P. Charitable and hindu Religious Institutions and Endowments Act 1987) and pass orders. "

( 3 ) SUBSEQUENT to the judgment of this court in the said writ appealrespondents 3 to 6 submitted an application on 2-3-88 requesting the government to grant permission for sale of the land (0. 49 cents) by private negotiations at the market value. The Government acceding to the request of respondents 3 to 6 passed the impugned order.

( 4 ) IT is stated in the impugned order that the respondents 3 to 6managed to enter upon the land in connivance with the hereditary trustees and raised some structures and their eviction would entail the institution in endless and vexatious litigation. If the lands are put up the auction the interests of the institution would be jeopardised. The Government have taken into consideration the proper escalation of the market value since 1983 when an extent of Ac. 1-68 cents covered by the same survey number was sold in public auction lor Rs. 8. 40 lakhs which works out to Rs. 5 lakhs per acre and on that basis arrived at the conclusion that Rs. 10 lakhs per acre would be a "beneficial price and fixation of that price would serve the inteccsts of the institution. "

( 5 ) SRI Venkatram Reddy, learned counsel for the petitioner contendsthat the Government had not exercised its statutory obligation under section 80 (1) (c) of the A. P. Charitable and Hindu Religious Institutions and endowments Act, 1987 (hereinafter called as Act 30 of 87) corresponding to sec. 74 (1) (c) of the 1966 Act. Every sale of immovable property belonging to a religious institution or endowment shall be effected by tender-cum-public euction in the prescribed manner and only in exceptional cases, the government in the ineterests of the institution or endowment