1 APHC010541662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28310/2024 Between: 1. KAMBHAMPATI SITARAMA SARMA, S/O. LATE K.S VENKATESWARLU, AGED ABOUT 61 YEARS, OCC. BUSINESS R/O. D. NO. 1-24/201, PAVAN NILAYAM-1, KODALI KOTESWARARAO STREET, TADIGADAPA, PENAMALURU MANDAL, KRISHNA DISTRICT ...PETITIONER 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 GOLLAPUDI, VIJAYAWADA 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, GUNTUR, GUNTUR DISTRICT 4. SRI SOMESWARA SWAMY TEMPLE, PIDAPARRU VILLAGE, KOLLIPARA MANDAL GUNTUR DISTRICT, REP. BY ITS EXECUTIVE OFFICER ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue an appropriate writ order or direction more 2 particularly one in the nature of writ of mandamus, declaring the action of the respondents in not taking auction for conducting auction for the leasehold rights of the land admeasuring Ac. 0.99 cents situated in Sy.No. 48/1 of Pidaparru Village, Kollipara Mandal, Guntur District belonging to the 4th respondent temple as bad, illegal, arbitrary and violative of Articles 14, 16, 25 and 26 of Constitution of India and consequently direct the respondents to forthwith conduct auction for leasehold rights of the above land and pass IA NO: 1 OF 2024 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 may be pleased to direct the respondent No. 2 to consider the petitioners representation dated 20.06.2024, 07.08.2024 and 30.09.2024 and pass Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. KAPPERA KOTESWARA RAO SC for Endowments, AP Region. 2. GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri D. V. Sasidhar, learned counsel for the petitioner; the learned Assistant Government Pleader for Endowments for respondent Nos.1 to 3 and Sri Kappera Koteswara Rao, learned Standing Counsel for respondent No.4. 2. Challenging the action of the respondents in not taking action for conducting an auction of the leasehold rights of the subject land, admeasuring Ac. 0.99 cents situated in Sy. No.48/1 of Pidaparru Village, Kollipara Mandal, Guntur District, belonging to the 4th respondent temple, the instant Writ Petition has been filed. 3 3. It is contended that the 4th respondent - temple, vide a notice dated 05.05.2024, invited tender applications for auctioning the leasehold rights of the subject land. However, no auction was conducted pursuant to the said auction notice. The petitioner submitted a representation on 20.06.2024 requesting the authorities to conduct the auction, but no action has been taken on the said representation. 4. The 4th respondent temple filed a counter-affidavit stating that the archakas submitted a representation requesting that no auction be conducted in respect of the subject property measuring Ac. 0.99 cents in Sy. No.48/1 of Pidaparru Village. In view of the said representation, the auction was not conducted. 5. The learned counsel D.V. Sasidhar, appearing for the petitioner, argues that, acting on the representations made by the archakas, the respondent temple's failure to conduct the auction is arbitrary and cannot be sustained. He therefore seeks appropriate directions to the respondents to conduct the auction in respect of the subject property. 6. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the Writ Petition, directing the 2nd respondent to pass appropriate orders on the representation of the petitioner dated 20.06.2024, within a period of six (6) weeks from the date of receipt of a copy of this Order. It is needless to observe that the petitioner shall be afforded an opportunity of hearing. 4 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:03.11.2025 MVK 5 133 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:28310 of 2024 Date:03.11.2025 MVK