APHC010079552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 4064/2025 Between: G Vijaya Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PALLA BALU ANIL KUMAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: ORDER:- This petition is filed under Article 226 of the Constitution of India for the following relief:- “…pleased to issue Writ, Order or Direction more particularly one in the Nature of Writ of Mandamus declaring the Action of the Respondent No.3 in conducting the auction on 15.02.2025 for the shop no.17/231-B of Sri Kalikamba Chandrasekhar Swamy Devasthanam, Nandyala Town and Nandyala District without eviction notice, without following due process of law and without considering the representation of the petitioner is highly illegal, arbitrary, unconstitutional apart from violative of Principles of Natural Justice and also violative of Articles 14, 21 and 226 of Constitution of India consequently to direct the respondents to continue the petitioner shop no.17/231-B of Sri 2 Kalikamba Chandrasekhar Swamy Devasthanam, Nandyala Town and Nandyala District and pass …..”. 2. The case of the petitioner in brief is that the petitioner has been a tenant of Shop No.17/231-B located within the premises of Sri Kalikamba Chandrasekhar Swamy Devasthanam, Nandyala for over 25 years. Initially, the shop was leased to the petitioner’s father and later it was transferred to the petitioner’s name. The shop has been used for running a rice retail business under the name “Sri Anusha Traders” which has gained goodwill in Nandyala. Over the years, the petitioner has invested in repairs and maintenance including roof plastering, at the request of the temple authorities and he has also been paying a monthly rent of Rs.11,100/- and has no outstanding dues. On 20.06.2024, the 3rd respondent temple issued an open auction notice to lease out four shops, including the petitioner’s without issuing a termination notice. The petitioner submitted a representation on 19.06.2024, requesting the renewal of the lease, but the same was not done. The petitioner has also approached this Court vide W.P.No.14270 of 2024 and this Court has passed an interim order on 09.07.2024, directing the respondents not to take any coercive steps regarding the property until further hearing. However, the case was not listed thereafter. Pending the said writ petition, on 10.02.2025, the petitioner came to know by way of pamphlet that the temple authorities scheduled another auction for 15.02.2025. The petitioner immediately submitted a representation on 11.02.2025, requesting the authorities to postpone the auction until the 3 Court decide the pending case and to consider extending the lease for three (03) more years. The petitioner even expressed willingness to pay enhanced rent as per market rates, but the temple authorities are proceeding with the auction. Aggrieved by the same, the present writ petition is filed. 3. Heard Mr. Balu Anil Kumar Palla, learned counsel for the petitioner and learned Government Pleader for Endowments appearing for the respondents. 4. On hearing, learned counsel for the petitioner submits that instead of renewing the licence of the petitioner’s shop, respondent No.3 is trying to evict him to let out to the third parties and the petitioner even expressed willingness to pay enhanced rent as per market rates. But however, the open auction scheduled to be fixed on 15.02.2025 at 10.00 AM and the respondent No.3 is seeking to evict the petitioner. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 5. Learned Government Pleader for Endowments has produced a copy of the instructions of the respondent No.3-Executive Officer, wherein it is stated that the auction was postponed and they are going to take steps for evicting the petitioners from the Shop No.17-231-B. 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader, this Court is inclined to dispose of the writ petition with the following directions:- 4 (i) if the respondents intend to vacate the petitioner from the subject premises, the respondents shall follow due process of law by issuing notice to the petitioner. (ii) if at all, the respondents have already issued notice to the petitioner, the petitioner is directed to submit explanation to the said notice. (iii) on receipt of such explanations, the respondents are directed to pass appropriate orders in accordance with law. It is made clear that if the respondents are being conducted any auction, liberty is granted to the petitioner to participate in that auction. 7. 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 also stand closed. ________________________ DR. K. MANMADHA RAO, J. Date: 18.02.2025 SCS 5 231 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION NO: 4064/2025 Date: 18.02.2025 SCS