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2025 DAILYLAW 42939 (AP)

SRI DURGA BHAVANI SUPPLIERS v. THE STATE OF ANDHRA PRADESH

WP/4717/2025 · 2025-04-06

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4717 OF 2025 Between: Sri Durga Bhavani Suppliers, Rep by its Proprietor Smt T. Parvath, W/o T. Hari Mahim, Aged 40 years, R/o Flat.no.SF 2 Vennela Apartments,opposite Radio Station, Punnamma Thota, Vijayawada, N.T.R District. ...PETITIONER/S AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department, Secretariat, Velgapudi, Amaravati, Guntur District. 2. Sri Durga Malleswaraswamyvarla Devasthanam, Rep. by its ExecutiveOfficer, Indrakeeladri, Vijayawada, N.T.R District. 3. The Commissioner, Endowments Department, Gollapudi, Vijayawada, N.T.R District. ...RESPONDENTS 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 to issue Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not extending licence period i.e., licence rights for safeguarding chappals (foot stand) at up hill of the 2nd respondent, despite of making various representations on dt 11-09- 2024 and 10-11-2024 is as illegal, arbitrary, colourable exercise of power and violation of Article 14, 21, and 300-A of Constitution of India and consequently direct the € respondents to extend the licence period for safe gaurding chappals at up hill for a period,of 2 months i.e., 26-02- 2025 to 26-04-2025 by duly considering the ■ -'•s'. resehtation. 'i . . » lA t^O: 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 to extend the licence period for two months, in pursuant to the representations made dt 11-09- 2024 and 10-11-2024 pending disposal of the above writ petition. Counsel for the Petitioner(s): SRI. CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent Nos.1 & 3: GP FOR ENDOWMENTS Counsel for the Respondent No.2: SRI K KOTESWARA RAO The Court made the following: ORDER w APHC010091252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) {3458] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4717 of 2025 Between: ...Petitioner Sri Durga Bhavani Suppliers AND ...Respondents Chilamkurthi Satya Dev Naidu GP for Endowments The State of Andhra Pradesh and others Counsel for the Petitioner: Counsel for the Respondents: The Court made the following order: Heard Sri Chilamkurthi Satya Dev Naidu, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments appearing for the respondents. The writ petition is filed challenging the action of the respondents in not extending the license period for the footwear deposit counter (footwear stand) at the uphill of the 2"^^ respondent-temple and in not considering the various representations dated 11.09.2024 and 10.11.2024, made in the said regard. 2. The petitioner is seeking extension of lease period for a period two months with effect from 26.02.2025 to 26.04.2025, on the ground that the ghat 3. I '' » road was closed during floods and pilgrims are not visiting the temple due to cyclone. 4. Today, when the matter is taken up for hearing, the learned Standing Counsel for Endowments appearing for the 2"^^ respondent has placed record a copy of the written instructions received from the a""* respondent. A perusal of the same would reflect that the license in favour of the petitioner was granted for a period of two years from 01.11.2021 to 31.10.2023 for the footwear deposit counter. During the license period, the licensee collected more than the stipulated charges for depositing the footwear. Accordingly, the enquiry was ordered against the petitioner, and the petitioner has approached this court by way of a writ petition. The writ petition was disposed of, directing the respondents to allow the petitioner to examine the witnesses, and on the basis of the enquiry report, further action may be taken. However, the petitioner did not cooperate with the enquiry. Pending the same, the 2 respondent extended the license from 14.01.2024 to 25.02.2025. on nd 5. It is further stated that though the ghat road was closed during the period from 31.08.2024 to 25.10.2024, during the said period, the devotees' access to the temple was diverted through Mahamandapam Q-lines. The devotees used to deposit their luggage and footwear at the footwear stand and cloakroom provided at Mahamandapam Q-lines. Therefore the plea of the petitioner that she had incurred losses during the period may not merit consideration. The petitioner was also the license holder for the said counter. The petitioner's prayer for extension of the lease may not be permissible for ft'' the reason that, as per the tender conditions, one should not claim any concession for closure of the ghat road during any period on account of weather conditions and during the Dussehra Navarathri festival. 6. Having regard to the contentions advanced, this court is of the view that the ground on which the petitioner has sought extension of lease may not merit consideration. From the copy of written instructions of the 2"^^ respondent in the case, it would reflect that the license was granted subject to tender condition No.21 that the licensee cannot claim any concession on account of weather contingencies or on account of any unforeseen situations. The licensee having accepted the license subject to the conditions mentioned under the tender document cannot claim any special consideration nor seek for relaxation of the conditions. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^ Mr- To, SECTION OFFICER 1. The Principal Secretary, Endowments Department, Secretariat, Velgapudi, Amaravati, Guntur District. 2. The ExecutiveOfficef, Sri Durga Malleswaraswamyvarla Devasthanam, Indrakeeladri, Vijayawada, N.T.R District. 3. The Commissioner, Endowments Department, Gollapudi, Vijayawada, N.T.R District. 4. One CC to Sri. Chilamkurthi Satya Dev Naidu, Advocate [OPUC] 5. Two CCs to GP For Endowments ,High Court Of Andhra Pradesh. [OUT] 6. One CC to Sri K Koteswara Rao, Advocate [OPUC]. 7. THREE CD Copies f HIGH COURT DATED:07/04/2025 ORDER WP.No.4717 of 2025 DISMISSING THE W.P. WITHOUT COSTS