ORDER :

This writ petition is filed questioning the action of the 2nd respondent in issuing the proceedings in Memo in RC.No.M1/14091/2016 dated 14.07.2016 and sought for setting aside the same by directing the 2nd respondent to permit the 3rd respondent to register the land admeasuring 350x150 feet in Survey No.162 situated at Mantralayam, Kurnool District in favour of the petitioner.

2. Heard the learned counsel for the petitioner, the learned Government Pleader for the respondent Nos.1 and 2 and the counsel for the 3rd respondent.

3. The learned counsel for the petitioner submitted that the petitioner is a social service association conducting Nitya Annadanam and providing accommodation to the pilgrims including Arya Vysya community people visiting Mantralayam to have Darshan of Sri Guru Raghavendra Swamy. The petitioner proposed to construct a choultry at Mantralayam, Kurnool District and in that behalf requested the 3rd respondent to sell the subject land to the petitioner.

4. Accordingly, the 3rd respondent requested the 2nd respondent to accord permission to sell the open land admeasuring 5833 sq. yards in Plot No.116 of Mantralaayam village situated in Survey No.162 with the measurements of 350x150 feet to the petitioner. In response to the said request of the 3rd respondent, the 2nd respondent issued a public notice under Section 74 (1) of the Endowments Act (Act 17 of 66) vide Notice No.45/48282/77 dated 15.11.1977 inviting the general public in writing to send objections and suggestions if any in respect of proposed sale of the subject land.

5. In the said notice the probable price which was expected and notified as Rs.3,000/- per acre as against the valuation of Rs.2,000/- per acre as per the determination of the Collector, Kurnool, in his letter dated 06.09.1970.

6. After due enquiry the 2nd respondent in his letter No.M2/29302/82 dated 03.05.1982 asked the petitioner to intimate whether it is prepared to pay 10% interest on the sale consideration of Rs.3,000/- per acre from the date of taking possession of the land. In response to the same, the petitioner by his letter dated 21.03.1982 informed the 2nd respondent that the petitioner was prepared to pay a sale consideration of Rs.3,000/- per acre and interest there on at 10% from the date of taking possession of the land i.e., dated 04.06.1976. In the letter dated 21.05.1982 the petitioner also requested the 2nd respondent to inform the head of the account for remitting the amount, but the 2nd respondent so far has not given the account details to the petitioner to deposit the said amount. As there was an urgent need for construction of the Choultry, the 3rd respondent requested the petitioner to proceed with the same on the subject land.

7. The General Power of Attorney holder and the legal advisor of the 3rd respondent in his letter dated 07.06.1974, informed the petitioner that the 2nd respondent has granted permission to construct the said Choultry at Mantralayam on 21.11.1975. By another letter dated 12.03.1976 again reminded the petitioner by the said GPA holder of the 3rd respondent to proceed with the construction immediately as the Choultry was necessary.

8. Accordingly, the foundation stone was laid and the Bhoomi Pooja was performed and the construction was commenced on 07.10.1976 and the same was completed by 07.04.1985. Immediately thereafter, the Choultry started Annadanam for the piligrims. Ever since, the pilgrims are being accommodated in the said Choultry and Annadanam programme has been going on at free of cost.

9. Even after more than 25 years, as there was no registration for the subject land in favour of the petitioner, it has approached the 2nd respondent vide representation dated 16.10.2007 seeking direction to the 3rd respondent to execute a sale deed in favour of the petitioner. The petitioner also sent a DD bearing No.66-48 dated 16.10.2007 for a sum of Rs.80,156/- towards the cost of the land for an extent of 5833 sq.yards with 10 % interest the