The Temple land sold by Manager of Temple to Appellant-Association with sanction of commissioner of Endowments and with permission of Government. To sell the same by private negotiations without publicauction. No reasons were assigned by the government for grant of permission. As per order of the Government the Commissioner acted in flagrant violation of mandatory provisions of Sec.74 and 105 and Rule 26 of the Rules made under of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 in accordingsanction. Hence there is no Sanction at all in the eye of law. The said Sale held is null and void. The orders passed by Commissioner and Government without following relevant mandatory provisions and Rules is bad in law. No relief need be prayed for setting aside such orders. Suit filed in civil court by Trustees of the Temple for cancellation of sale deed and for recovery of possession of land without seeking relief for setting aside orders of Commissioner and Government is Maintainable. Provisions of Sec. 105 not a bar for filing such a suit. Hence Sale of temple property inThis case is null and void. It is not mere irregularity which can be cured by providing some compensation. Full Bench judgment.
Wednesday, July 6, 2011
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