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2026 DAILYLAW 15860 (AP)

KOPPULA SRILAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/2618/2026 · 2026-02-16

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010042742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2618/2026 Between: 1. KOPPULA SRILAKSHMI, W/O SURYANARAYANA MURTHY, AGED ABOUT 54 YEARS, OCC BUSINESS, R/O H.NO. 4-56, EEDARA PALLI, AMALAPURAM MANDAL, DR. B.R AMBEDKAR KONASEEMA DISTRICT 2. GURRAM RAJEEV,, S/O VENKATA VEERASWAMY, AGED ABOUT 34 YEARS, OCC BUSINESS, R/O H.NO.1-112, NARASAYAPALEM, NEAR ANJANEYA TEMPLE KAIKALURU, KRISHNA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522237 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT.521225 3. SRI VENKATESWARA SWAMY VARI DEVASTHANAM, MAHIPALA STREET, AMALAPURAM TOWN AND MANDAL REPRESENTED BY ITS EXECUTIVE OFFICER 533201 ...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 toPleased 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 more particularly respondent no.3 in issuing notices dated 03.01.2026 and cancelling the License rights for Decoration of Flowers, Shamiyana and Pendals in Sri Venkateswara Kalyana Vedika in respect of the 1st petitioner and in cancelling the License rights for Decoration of Flowers, Shamiyana and Pendals in Kalyana Mandapams in respect of the 2nd petitioner in the 3rd respondent temple premises basing on the 2nd respondent proceedings issued vide L.Dis No. V1/COE-1/2024(34)/41/2025 dated 16.12.2025 relating to non-approval of 2nd year lease period as bad, illegal, arbitrary, without Jurisdiction, violative of principles of natural justice, violative of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights (Other than Agricultural Lands) leases and Licenses Rules, 2003 and violative of Articles 14, 19(1)(g) and 21 of Constitution of India and consequently set-aside the 2nd respondent proceedings issued vide L.Dis No. V1/COE- 1/2024(34)/41/2025 dated 16.12.2025 and consequential notice of the 3rd respondent dated 03.01.2026 by directing the respondents to continue the License rights of the petitioner till 25.12.2026 and pass IA NO: 1 OF 2026 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 Pleased to direct the respondents to continue the petitioners license by suspending the notices issued by the 3rd respondent dated 03.01.2026 which are issued basing on the orders of the 2nd respondent dated 16.12.2025 issued vide L.Dis.No.COE-12024(34)/41/2025 relating to non-approval of 2nd year lease and pass Counsel for the Petitioner(S): 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:2618 OF 2026 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.3 in issuing notices dated 03.01.2026 and cancelling the License rights for Decoration of Flowers, Shamiyana and Pendals in Sri Venkateswara Kalyana Vedika in respect of the 1st petitioner and in cancelling the License rights for Decoration of Flowers, Shamiyana and Pendals in Kalyana Mandapams in respect of the 2nd petitioner in the 3rd respondent temple premises basing on the 2nd respondent proceedings issued vide L.Dis.No.V1/COE-1/2024(34)/41/2025 dated 16.12.2025 relating to non-approval of 2nd year lease period as bad, illegal, arbitrary, without Jurisdiction, violative of principles of natural justice, violative of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights (Other than Agricultural Lands) leases and Licenses Rules, 2003 and violative of Articles 14, 19(1)(g) and 21 of Constitution of India and consequently set-aside the 2nd respondent proceedings issued vide L.Dis.No.V1/COE- 1/2024(34)/41/2025 dated 16.12.2025 and consequential notice of the 3rd respondent dated 03.01.2026 by directing the respondents to continue the License rights of the petitioner till 25.12/2026 and pass such other order or orders….” 4 2. Heard learned counsel for the petitioners, learned Government Pleader and learned Standing Counsel appearing for the respondents. 3. Learned counsel for the petitioners submits that the respondent No.3 herein issued an auction notice/ notification dated 20.11.2024 for granting lease hold rights for decoration of plastic flowers, original flowers, shamiyana & Pendals in respect of Sri Venkateswara Swamy Vari Devasthanam, Amalapuram Mandal and Town, Dr.B.R.Ambedkar Konaseema District for a period of two years i.e., 2024-25 and 2025-26. The period of lease is from 26.12.2024 to 25.12.2026. Pursuant to the said notice, the petitioners herein participated and became successful bidders in respect of Sri Venkateswara Kalayana Vedika and other Kalyana Mandapams in temple premises. After they becoming the successful bidders, in compliance of Rule 21 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights (Other than Agricultural Lands) leases and Licenses Rules, 2003 (herein after referred as ‘Rules, 2003’), the respondent No.3/ tendering authority addressed a letter dated 11.12.2024 to the Regional Joint Commissioner, Endowments, who is the competent authority for granting prior approval for entering lease agreement. Even after receipt of the said letter, for one reason or the other, the competent authority neither granted approval nor rejected the proposal and kept quiet for a period of one year. 4. Learned counsel for the petitioner further submits that to the surprise of the petitioners, now, the respondent No.2 herein issued proceedings dated 5 03.01.2026 reducing the license period from 2 years to one year without giving any reasons and contrary to the Rule 12 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights (Other than Agricultural Lands) leases and Licenses Rules, 2003. He further submits that the commissioner is vested with the power either to approve or to reject but not to modify the terms of the auction notice. Aggrieved by the action of the respondents in reduction the lease period without assigning any reasons, the petitioners herein preferred the present writ petition. 5. On the other hand, learned Standing Counsel for the respondent-temple submits that the petitioners are not paying the rents and are in dues in respect of the first year license period and defaulted the terms of the auction notice and the Rules, 2003. Considering the same, the respondent No.2 issued impugned proceedings modifying the period of license from two years to one year. 6. In reply, learned counsel for the petitioners submits that if the petitioners herein are in due of rental amount if any, they are ready to clear all the dues, if any, to be paid to the respondents with immediate effect along with the security deposit for the 2nd year. After such payment at the satisfaction of the respondent temple, the subject license shall be extended for a period of one more year only i.e., upto 25.12.2026. 6 7. Heard the submissions made by the learned counsel for both the parties and on perusal of the material placed on record, this Court is of the considered opinion that the present writ petition can be disposed of, directing the respondents to issue separate proceedings continuing the petitioners for one more year i.e., from 26.12.2025 to 25.12.2026 subject to payment of arrears monthly lease amount, if any, pending till date and also on payment of security deposit for the 2nd year, as assessed and as determined by the respondent No.3. 8. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 17.02.2026 NOTE: C.C. by two (02) days (B/o) BSP 7 05 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2618 of 2026 17.02.2026 NOTE: C.C. by two (02) days (B/o) BSP