APHC010724272016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 28152/2016 Between: Alla Srinivasa Rao ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N NAGENDRA BABU Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. ELEVATED AS JUDGE The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “….to issue writ or order or direction particularly in the nature of writ of Mandamus declaring the inaction of the 2nd and 3rd Respondents in not acting upon the representations dated 17.04.2016, 26.04.2016 and 23.05.2016 instead serving Notice R.C.No B2/200/2016 dated 17.07.2016 as illegal, ultravires, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently quash the Notice R.C.No.B2/200/2016 dated 17.07.2016 while directing the official Respondents to get the illegally erected shops demolished in the premises of Sri Malleswara Swamy Temple Peda Kakani Mandal and Village, Guntur District, Andhra Pradesh or alternatively return the deposit amount without any deductions or conditions to the petitioner and pass such other order or orders as this Honble Court deems fit and proper in the circumstances of the case and in the interest of justice…..” 2. The case of the petitioner in brief is that the petitioner stood as highest bidder and was awarded contract for Rs.4,35,118/- per shop per month for the year 2016-17. Accordingly, the petitioner paid an amount of Rs.20 lakhs as deposit vide bearing receipt No.3453 on 29.02.2016. While so, the 4th respondent illegally erected structures within the temple premises and is doing the business of selling the coconuts and various pooja items. Hence, the petitioner along with 3 other shop owners made oral and written representations to the 3rd respondent on 17.04.2016 and 26.04.2016. But the 3rd respondent instead of taking action against them has replied vide letter, dated 30.06.2016 stating that the temple authorities will only assist in taking action against others who sell the pooja items. Thereafter, the petitioner also made a representation on 23.05.2016 with a request to cancel the auction allotment and repay the entire deposited amount of 20 lakhs. But, the respondents has not considered the said representation. Hence, the present Writ Petition. 3. Heard Mr Y.Chankradhara Raju, learned counsel representing on behalf of Mr N.Nagendra Babu, learned counsel for the petitioner and the learned Government Pleader for Endowments appearing for the respondents. 4. On hearing, learned counsel for the petitioner submits that though the petitioner has submitted representation, dated 23.05.2016 to the respondents with a request to cancel the auction allotment and repay the entire deposited amount of Rs.20 lakhs without making any conditions and deductions, but the respondents have not acted on 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. 5. Whereas, learned Government Pleader basing on the averments made in the counter affidavit of Respondent No.3 submits that the subject temple has taken possession of the shop on 14.09.2016 under Panchanama. Thereafter, the petitioner has made a representation on 16.09.2016 stating that he is willing and ready to pay the arrears and hence requested to continue his license rights. He further submits that in pursuance of the same, the petitioner has paid the arrears by adjusting the deposited amount and also paid one month advance rental. Hence, the shop was handed over to the petitioner and in view of the same, no cause survives in the present Writ Petition and it may be closed. 6. Recording the said submissions, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Dated : 12.02.2025 TM