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2025 DAILYLAW 22297 (AP)

BOREDDY SATYANARAYANA REDDY v. THE STATE OF ANDHRA PRADESH

WP/15642/2025 · 2025-06-29

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/■ s IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010313402025 MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE WRIT PETITION NO: 15642 OF 7n9i; MANDAVA Between: 1. Boreddy Satyanarayana Reddy, S/o Thimma Reddy (Late), Aged about 38 Years, Occ: Business, R/o D.No. 2-3-98, Devasthanam Quarters, Srisailam, Nandyal District 2. Boreddy Ramakrishna Reddy, Thimma Reddy (Late), Aged about 41 Years, Occ: Business, R/o D.No.2-3-98 Srisailam, Nandyal District Devasthanam Quarters ...PETITIONERS AND 1. The State of Andhra Pradesh, Revenue (Endowments) Department, Velgapudi, Secretariat Buildings, Amaravathi, Guntur District. Rep, by its Principal Secretary. 2. The Commissioner, Endowments Department, Goilapudi, Vijayawada 3. Sri Brahamramaba Mallikarjuna Swamyvarla Devasthanam Nandyal District, Rep. by its Executive Officer , Srisailam, ...RESPONDENTS of India praying that in the the High Court may be an appropriate writ order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondent in issuing auction notification dated 22.06,2025 for leasing out the leasehold Petition under Article 226 of the Constitution Circumstances stated in the affidavit filed therewith, pleased to issue rights of Dormitory Place situated at Mallikarjuna Sadan. Ground Floor Nandali) besid Canara Bank, Srisailam, Nandyal District on 01.07.2025 as bad illegal, arbitrary without jurisdiction and violative of articles Constitution of India apart from being violative of principles of natural justice and consequently set aside the auction notification dated 22.06.2025 issued by the 3rd respondent by directing the respondents not to interfere with the peaceful possession and enjoyment of petitioners subject extending the lease by considering representation dated 20.06.2025. 14, and 21 of Dormitory by lA NO: 1 OF 2Q2fi 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 to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners Dormitory situated at Mallikarjuna Sadan, Ground Floor (Nandali) beside Canara Bank, suspending the auction notification dated 22.06.2025. Counsel for the Petitioner: D V SASIDHAR Counsel for the Respondent Nos.1 & 2: GP FOR ENDOWMENTS Counsel for the Respondent No.3: SRI T. VEND GOPAL, SC Srisailam, Nandyal District by FOR ENDOWMENTS The Court made the following: ORDER APHC010313402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15642/2025 Between: Boreddy Satyanarayana Reddy and others AND The State of Andhra Pradesh and others Counsel for the Petitioners: Counsel for the Respondents: The Court made the following order: Heard Sri D.V.Sasidhar, learned counsel for the petitioners, learned ...Petitioners ...Respondents D V Sasidhar GP for Endowments Assistant Government Pleader for Endowments appearing for respondent Nos.1 & 2 and Sri T.Venu Gopal, learned Standing Counsel for respondent No.3. It is contended that the petitioners are the existing leaseholders of a dormitory belonging to the 3'"'^ respondent temple, at Srisailam, Initially, the petitioners were granted a license to operate the said dormitory in 2013, and the same has been extended either through the proceedings of the temple itself or through the process of public auction, whereunder the petitioners were < declared as successful bidder tilM 3.08.2025. 2. 3. It IS contended that the petitioners, aggrieved by the issuance of a * Tender Notification dated 22.06.2025 by the 3^^ respondent, calling for a public .auction of the leasehold rights instant writ petition. The petitioners have representation dated 20.06.2025 to the 3^^^ respondent over the subject property, filed the stated that they submitted a requesting extension of the existing lease. Despite the same, the 3^ respondent proceeded to i . an advertisement in newspapers and notice inviting tenders, for auction of the issue leasehold rights over the subject property. • 4. Learned counsel for the petitioners submits that while the temple in respect of other same has been denied to the petitioners. He further submits that the petitioners’ representation is still pending before the 3^^" respondent and, therefore, prays for an appropriate direction to be issued to the authorities to consider the representation and authorities have granted an extension of lease i shops/dormitories, however, the pass appropriate orders. 5. Sri T. Venu Gopal, learned Standing Counsel for respondent No.3 submits that the petitioners have been in occupation of the subject premises ' since 2013 as leaseholders. He submits that every case must be examined on its own merits, the petitioners a matter of right cannot ask for extension of lease. He further argues that the public auction is scheduled tomorrow, under such circumstances, consideration of the petitioners' representation at this as stage does not arise. He further submits that the participate in the public auction. petitioners are at liberty to 3 Having regard to the submissions advanced by both the learned counsel, this Court deems it appropriate to dispose of the writ petition by directing the 3^^ respondent to consider the representation dated 20.06.2025 stated to have been filed by the petitioners before the 3'^ respondent and pass 6. appropriate orders within ten days from the date of receipt of copy of the order. Accordingly, the Writ Petition is disposed of. There shall be no order as 7. to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- N NAGAMF/iA ASSISTANT REGIS i RAR //TRUE COPY// SECTION OFFICER $ * To, 1. The Principal Secretary, Revenue (Endowments) Department, Velgapudi, Secretariat Buildings, Amaravathi, Guntur District. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada 3. The Executive Officer, Sri Brahamramaba Mallikarjuna Swamyvarla Devasthanam, Srisailam, Nandyal District. 4. One CC to Sri D. V. Sasidhar, Advocate [OPUC] 5. One CC to Sri T. Venu Gopal, SC for Endowments[OPUC] 6. Two CC’s to GP for Endowments, High Court of A.P. at Amaravati[OUT] 7. Three CD Copies. ssb HIGH COURT DATED:30/06/2025 ORDER WP No.15642 of 2025 f sKU-m ^ . Curreni becnon ^ m DISPOSING OF THE W.P. WITHOUT COSTS