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2025 DAILYLAW 49164 (AP)

J THULASI RAM v. The State of Andhra Pradesh,

WP/8348/2025 · 2025-05-05

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable smt justice KIRANMAYEE mandava WRIT PETITION NO: 8348 OF 2Q2fi . AMAR Between: J. Thulasi Ram, S/o R. Jaipal, Aged 33 Ponniamma Gudi Street, Chittoor City and District. years, R/o D. No. 17-546 ...PETITIONER" AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department, AP Secretariat, Velgapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Commissioner, Endowments Department, Government of Andhra Pradesh, Gollapudi, Vijayawada City, Krishna District, A.P. 3. The Deputy Commissioner, Endowments Department, New Krishna Nagar, Kumool, A.P. 4. The Regional Joint Commissioner, Endowments Department, Multi Zone - II, Tirupati, A.P. 5. The Assistant Commissioner, Endowments Department, Jeeva karana kalyana mandapam. Church street, Chittoor City and District, 6. The District Endowments Officer, Endowments Department, Chittoor District. 7. Sri Kodandarama Swamy Temple, Rep. by its.. Executive Officer, Ramulavari Temple Street, Chittoor City, Chittoor District. A.P. ...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 an order, direction may or Writ more particularly one in the nature of Writ of Mandamus action of the respondent 06.03,2025 for the any other appropriate Writ, declaring the no. 7 in conducting impugned public auction granting of lease hold rights of four shops Kodandarama Swamy Temple, Chittoor City for a period of 3 01.04.2025 to 31.03.2028 without rule 4 (2) (I) of the Andhra or on of Sri years from following the procedure prescribed under Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Right (Other and Licenses Rules, 2003 than Agricultural Lands) Leases arbitrary, unjust, malafide and and 21 of Constitution of is illegal. against the violation of Articles 14, consequently a) to set-aside the 19(1)(g) India and impugned public auction dt. 06.03.2025 conducted by the respondent no. 7 in respect of four shops of Sri Kodandarama and b) direct the respondents to Swamy Temple. Chittoor City ^ conduct the fresh auction by following the due procedure prescribed under rule 4 (2) (I) of the Andhra Charitable and Hindu Religious Institutions Properties and Other Right (Other Licenses Rules, 2003. Pradesh and Endowments Immovable than Agricultural Lands) Leases and jA NO: 1 OF stated in r^. circumstances s ated ,n the affidavit filed in support of the petition, the High Court pleased to stay all further proceedings in impugned public may be auction dt. respondent no. 7 including the granting S oe d Swamy Temple, Chittoor ^ity, pending disposal of the 06.03.2025 conducted by the of writ petition Counsel for the Petitioner: SRI TRIMOORTHY Counsel for the Respondent Nos. Counsel for the Respondent No.7; K G - 1 to 6: GP FOR ENDOWMENTS^ SRI T. VENU GOPAL, SC FOR ENDOWMENTS The Court made the following; ORDER APHC010157522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] 0^ TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8348/2025 Between: ...PETITIONER J Thulasi Ram AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.TRIMOORTHYKG Counsel for the Respondent{S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER: petitioner and Sri learned Assistant Government Pleader for counsel for the Heard the learned G. Naga Bhushanam Endowments. The grievance of the petitioner is in conducting the public auction of lease hold rights in respect of the subject properties prescribed under the Rules have not been followed. 2. 2 3. Learned counsel for the petitioner contends that the procedure that has been followed by the respondent No.7 - Temple is not in accordance with Rule 4 (2)(l) of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Immovable Properties and other Rights(Other than Agricultural Lands) Leases and Licenses Rules,2003. 4. Learned Assistant Government Pleader for respondents contend that pursuant to the public auction participated in the auction and the auction the successful bidder has also been properties. would notice, the petitioner has was concluded on 06.03.2025 and put in possession of the subject 5. On instructions, learned Standing Counsel for would submit that the petitioner has also respondent No.7 participated in the tender process. Having participated in the tender, the petitioner should not have any grievance about the procedure followed in issuing the auction notice. 6. Learned counsel for the petitioner draws attention of the Court provisions of the Rule 4(1) of the A.P. Charitable & Hindu Religious Institutions to & Endowments Immovable Properties and Other Rights (Other than Agriculture Lands) Leases and Licenses Rules 2003, (for Short Rules) Sub clause (I) of Rule 4, which reads as follows: Rule 4(1). The Executive Authority shall conduct Tender - Public auction compulsorily before three existing license or Lease period. The executive Authority shall also issue a public notice of ten days to that effect in a leading cum - months of expiry of M.. 3 news paper. The Executive Authority shall be personally responsible for delays caused in lease/ license auction. Rule 6 & 7 of the Rules prescribes the procedure for issuance of Public auction notice. 6. Considered the rival submissions. Perused the record. The auction notice for auction of the lease hold rights of the subject properties for the period 1-4-2025 to 31-3-2028 was issued on 15-02-2025 scheduling the d9te of auction as 06-03-2025. The petitioner has participated in the public auction. Being unsuccessful, challenged the auction notice alleging that the auction notification, without pointing out any prejudice caused to him, after conclusion of the auction proceedings and handing over of the possession of the property in favour of the successful bidder. 7. The objective of specifying that the auction should be conducted three months before the lease expires must be understood as ensuring a smooth transition for both the outgoing and incoming leaseholders of the property. It is not the case that the petitioner is the existing leaseholder or the proposed lease holder of the subject property to have any grievance. Having regard to the above, this Court does not find any merit in the writ petition. 7. Accordingly, the Writ Petition is dismissed- There shall be no order as to costs. Ac; p sfiQuel. all pending miscellaneous applications shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTfON OFFICER To, 1. One CC to Sri Trimoorthy K. G., Advocate [OPUC] 2. One CC to Sri T. Venu Gopal, SC for 3. Two CCs to GP for Endowments, 4. Three CD Copies. Endowments[OPUC] - High Court of Andhra Pradesh. fOUT] ssb HIGH COURT DATE0:06/05/2025 ORDER WP.No.8348 of 2025 DISMISSING THE W.P. WITHOUT COSTS