APHC010850152016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 16092/2016 Between: V.rajakumar, S/o Doraswamy ...PETITIONER AND Sri Veerajnajeya Swamy Devastnam and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M VIDYASAGAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. A SREEKANTH REDDY(SC FOR ENDOW RS) The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “..to issue a writ order or direction more particularly a writ in the nature of Writ of MANDAMUS declaring the public auction notice dt 27.04.2016 issued by the 1st respondent i.e Executive Officer of Sri Veeranjaneya Swamy Devastanam Ponniyamma Temple Street Chittoor in contemplating to hold public auction of the shop bearing Door No.17-51 on 30.05.2016 without resorting to the procedure eviction as contemplated under Sec.83 of the Endowments Act as bad illegal arbitrary opposed to law and pass....” 2. Heard Mr M.Vidya Sagar, learned counsel for the petitioner, Mr G.Ramana Rao, learned Standing Counsel and the learned Government Pleader for Endowments appearing for the respondents. 3. During hearing, learned counsel for the petitioner submits that this Court on 12.05.2016 passed an interim order and requests to make the said interim order as absolute. The interim order granted by this Court on 12.05.2016 reads as follows:- “As the petitioner’s terms of lease has already expired, it is not open to him to assert any indefeasible right for extension thereof. This Court is therefore not inclined to grant suspension of the public auction notice, dated 27.04.2016. However, the authorities shall be mindful of the due procedure laid down by law so far as securing possession of the leased premises is concerned”. 4. Learned Government Pleader for Endowments appearing for the respondents submits that no auction has been conducted so far in respect of the subject property and the petitioner is in possession of the subject property till date. Hence, the learned Government Pleader prayed to dismiss the Writ Petition. 5. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Endowments, as the petitioner is in possession of the subject property till date, if the respondents intend to dispossess the petitioner from the subject property they are directed to follow due process of law. Till then, the respondents are directed not to take any coercive steps against the petitioner in respect of the subject property. 6. 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 stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 28.01.2024 TM