Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 36981 (AP)

SURISETTI GANESH v. THE STATE OF ANDHRA PRADESH

WP/68/2025 · 2025-01-08

K Manmadha Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Vi IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 68 OF 2025 Between: Surisetti Ganesh, S/o. Jagga Appa Rao, Aged about 48 years, Occ Business, R/o. D. No. 28-18-32/1, Kanakala Street, Near Maridimnba Temple, Visakhapatnam. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Endowments Department, AP Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, Andhra Pradesh Endowment Department, Gollapudi, Vijayawada. 3. The Joint Commissioner (Estate), Andhra Pradesh Endowment Department Gollapudi, NTR District 4. The District Collector, NTR District, Vijayawada. 5. Sri Durga Malleswara Swamy Varala Devastanam, Represented by its Executive Officer Indrakeladri, Vijayawada -520001 6. The Executive Engineer, Sri Durga Malleswara Swamy Varala Devastanam Indrakeladri, Vijayawada. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order questioning the action of the respondents in not considering the representation dated 19.12.2024 for extending the time for the shop at the 5*' respondent temple which may was allotted vide proceedings Rc.No.C1/1478/2021 dated 18.12.2021 on par with the other shop holders is illegal, arbitrary and against the Article 14, 21 of Constitution of India and consequently direct the respondents to continue the petitioner for the shop at 5*^ respondent temple. lA NO: 1 OF 2025 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 evict the petitioner by considering the representation dated 19.12.2024 for extending the lease period by enhancing the existing rent as per the norms of the Endowment Department, pending disposal of above writ petition. Counsel for the Petitioner: SRI GANGISETTI LIMA SANKAR Counsel for the Respondent Nos.1 to 4: GP FOR ENDOWMENTS Counsel for the Respondent Nos.5 & 6: M/s. P.PADMAVATHI, SC FOR ENDOWMENTS The Court made the following: ORDER APHC010606852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 68/2025 Between; ...PETITIONER Surisetti Ganesh AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.GANG1SETTI UMA SANKAR Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- "...be pleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the action of the respondents in not considering the representation, dated 19.12.2024 for extending the time respondent temple which was allotted vide proceedings Rc.No.C1/1478/2021, dated 18.12.2021 on par with the other shop holders is illegal, arbitrary and against the Articles 14 & 21 of Constitution of India and consequently direct the respondents to continue the petitioner for the shop at 5^^ respondent temple and pass such...” t The case of the petitioner in brief is that as per the tender notification issued by the respondent No.3, calling for allotting the canteen, the petitioner has participated in the said tender and became successful bidder for an amount of rent of Rs.11,25,000/- per annum+GST extra on 21.09.2021 and the said amount was immediately paid by the petitioner. The respondent No.3 issued proceedings for executing the agreement within a period of 7 days from the date of the proceedings and the respondent No.5 executed an agreement for a period of 2 years and 1 year grace period as per the policy mentioned by the respondent and the canteen licence commence from 01.01.2022 to 31.02.2024 as per the payment schedule. Thereafter, the respondent No.5 has not allotted the place for running a canteen. Then the petitioner was running a mobile canteen at respondent No.5-temple. Petitioner made several representations requesting to the respondents to allot the place and for renewal of licence for 3 more years. While the matter stood thus, the respondent Nos.5 and 6 have disconnected the power connection and water supply to the petitioner’s canteen. Aggrieved by the same, petitioner filed W.P.No.22615 of 2024 for direction to the respondents to restore the electricity and water supply to run the canteen and this Court vide orders 04.10.2024, granted interim direction to the respondents to continue the petitioner by restoring the electricity and water supply to run the mobile canteen till 31.12.2024. Now, the petitioner made a representation on 19.12.2024 to the respondent No.5 for extension of the lease period by one more year on par with the other shop bearers as his lease is going to expire 2. by 31.12.2024. But, the respondent No.5 has not considered the said representation. Hence, the present Writ Petition is filed. 3. Heard Sri G.Uma Sankar, learned counsel for the petitioner and learned Government Pleader for Endowments appearing for the respondents. / On hearing, learned counsel for the petitioner submits that though the petitioner has submitted a representation, dated 19.12.2024 to the respondent No.5, requesting to extend of the lease period by one more year on par with the other shop bearers as his lease is going to expire by 31.12.2024, the respondent No.5 has not considered the said representation, which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 4. Per contra, learned Government Pleader for Endowments 5. appearing for the respondents opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader, the Respondent No.5 is directed to consider and dispose of the representation, dated 19.12.2024 submitted by the petitioner within a period of one (01) month from the date of receipt of a copy of this order. 6. 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Endowments Department, Pradesh, A.P. Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, Andhra Pradesh Endowment Department, Gollapudi, Vijayawada. 3. The Joint Commissioner (Estate), Andhra Pradesh Ehdowment Departmeht Goilapudi, NTR District 4. The District Coliector, NTR District, Vijayawada. 5. The Executive Officer, Sri Durga Malleswara Swamy Varala Devastanam, Indrakeladri, Vijayawada -520001 6. One CC to Sri Gangisetti Uma Sankar 7. One CC to M/s. P.Padmavathi, SC for Endowments[OPUC] 8. Two CCs to GP for Endowments, High Court of Andhra 9. Three CD Copies. State of Andhra Advocate [OPUC] Pradesh. [OUT] ssb -if • HIGH COURT V,. >'\ \ 'f-- \ \ r- k v- s. i i" \ £IATED:08/01/2025 ♦. w 16 JAN 2025 ^ . Current Section ^ ORDER w WP.No.68 of 2025 Co s. DISPOSING OF THE W.P. WITHOUT COSTS