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2026 DAILYLAW 20428 (AP)

Namburi Mallikharjuna Rao v. State of Andhra Pradesh

WA/535/2022 · 2026-03-01

Challa Gunaranjan, Dhiraj Singh Thakur

body2026

Judgment text

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APHC010222052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL No.535 of 2022 Bench Sr.No:-10 [3552] Namburi Mallikharjuna Rao and others ...Appellants Vs. State of Andhra Pradesh and others ...Respondents ********** Advocate for appellants : Sri P. Gangaiah Naidu, learned Senior Counsel representing Sri N. Bharat Babu Advocate for respondents : Smt S. Pranathi, learned Special Government Pleader, Sri T. Venu Gopal, learned Standing Counsel for Endowments. CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 2nd March 2026 P C : The present Writ Appeal has been preferred against the judgment and order dated 03.03.2022 in Writ Petition No.27274 of 2021 (common order along with W.P.No.29163 of 2021. 2. The writ petitions filed by the petitioners have been dismissed on the ground of delay and latches. The genesis of the controversy is in the action of the authorities in cancelling the auction process in regard to shops constructed in ‘Lalithambika Shopping Complex’ for which bids had been invited and there was a list of successful bidders available. 2 3. The decision of the authorities to cancel the bid process was challenged by some of the successful bidders in the auction in Writ Petition Nos.15516 and 18744 of 2019, which were allowed by virtue of common judgment and order dated 21.10.2021, only to the extent of the writ petitioners in Writ Petition Nos.15516 and 18744 of 2019. The learned single Judge, in the judgment and order dated 21.10.2021, clearly directed that the Executive Officer of respondent No.3 i.e., Sri Brahmarambika Mallikarjuna Swamy Varla Devasthanams would grant lease in favour of the successful bidders only for the time duration of three years from the date they were put in possession. 4. The appellants herein, who claim to be similarly situate as writ petitioners in the aforementioned two writ petitions, also claim that they be considered for allotment of shops in the said complex as they had also submitted bids. The petition which came to be filed by the appellants was filed as late as in the month of November, 2021. The same came to be dismissed on the ground that the petitioners/appellants had failed to explain satisfactorily the delay in filing the writ petitions. 5. What was held by the learned single Judge at para Nos.4 and 6 while dismissing the writ petitions is reproduced hereunder:- “4. The delay in filing of the writ petition is explained by the petitioners by stating that due to paucity of legal knowledge and consequences, and because of Covid-19 lockdown, they could not approach this Court earlier. 5. …… 3 6. It is a settled principle of law that the Court will not help persons who do not help themselves. The Commissioner Endowments had cancelled the auctions in which the petitioners had participated on 26.09.2019. The petitioners in W.P.No.15516 of 2019 and 18744 of 2019 had immediately approached this Court to ventilate their grievance. The petitioners in the present writ petitions did not bother to approach this Court till the disposal of W.P.No.15516 of 2019 and 18744 of 2019. The contention of the petitioners that they did not approach this Court due to lack of knowledge and the Covid-19 pandemic, is not acceptable to this Court. The petitioners would not have kept silent for such a long time, if they had any grievance in the matter and if they were genuinely interested in protecting their interests and rights.” 6. We do not find any illegality in the judgment and order impugned which would warrant interference by this Court. 7. Accordingly, the Writ Appeal is dismissed. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ CHALLA GUNARANJAN, J AMD 4 09 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN WRIT APPEAL No.535 of 2022 Dt:02.03.2026 AMD