THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.28723 of 2008 Dated: 01.06.2010 Between: Gram Panchayat, Chinna Ghanpur village, Kulcharam Mandal, Medak District, rep. by its Sarpanch E.Premanandam. .. Petitioner. And The Commissioner of Endowments Department, Ramkoti, Hyderabad, And others. .. Respondents. ORDER: The petitioner-Gram Panchayat, Chinna Ghanpur, Kulcharam Mandal, states that there exists respondent No.4-Sri Yedupayala Durga Bhavani Temple in Nagasanpally village of the same Mandal. The said Temple comes under the administrative control of the Endowments Department. The devotees coming to the Temple from the road leading from Medak to Rangampet village, Kulcharam Mandal, park their vehicles in the private lands belonging to the petitioner-Gram Panchayat. Every year during the period of Amayasya and Sivarathri carnivals are held, and thousands of pilgrims throng the Temple to have the blessings of the Goddess. In order to facilitate the parking of the vehicles of the pilgrims, respondent No.4-Temple auctions the leasehold rights of the parking lots to private parties. The petitioner states that as they maintain the roads and make necessary arrangements for the carnival, they are entitled to run and maintain the parking lots, and therefore, they made representation dated 10.01.2008 requesting respondent No.4-Temple, not to auction the leasehold rights of the parking lots to third parties, and hand over the running and maintaining of the parking lots to them. However, it is the case of the petitioner that respondent No.4-Temple, without passing any orders on their representation, issued notification for leasing out the leasehold rights of the parking lots and other works, for the carnival to be held on 26.01.2009 and 23.02.2009, for a period of 43 days, by fixing the date of auction as 30.12.2008. The petitioner states that immediately they made another representation on 27.12.2008 requesting respondent No.4-Temple to delete the parking lots from the auction notification and handover the leasehold rights thereof to them, but no action thereon has been taken. Hence, this writ petition. Respondent No.4-Temple filed detailed counter affidavit stating that auction was conducted on 30.12.2008 for running cycle stand. The bid was knocked down by the highest bidder by one person by name Sri. Soma Narsimhulu for Rs.18,700/-, and thereafter, auction report was submitted to the Regional Joint Commissioner, MZ-III, Endowments Department, Hyderabad for approval. He submitted that the land where the cycle stand is being put up belongs to the Government, as certified by the Tahsildar, Kolcharam Mandal, Medak District, and who vide letter dated 05.01.2009, permitted respondent No.4 to make use of the land for the purpose of Jatara. It is submitted that, if any private land is being used by respondent No.4, it is for the pattadars of such land to question, and the petitioner-Gram Panchayat, has no right whatsoever to file writ petition. It is contended that the Panchayat Raj Department of the Government incurs about Rs. 3.00 to Rs. 4.00 lakhs for repairs of the vagu and the road, and this apart, every year during the Jatara period, respondent No.4 spends about Rs.15.00 lakhs for repairing the road by filling of morum etc and for erecting temporary street lights upto a distance of 1 Km. It is lastly contended that petitioner not being the owner of the land, has no right whatsoever to file writ petition and contend that the leasehold rights for running the cycle stand should be given to them. Heard the learned counsel for the petitioner, learned Government Pleader for Endowments appearing for respondents 1 to 3 and the learned Standing Counsel appearing for the 4th respondent. Though the petitioner-Gram Panchayat claims that the land on which, the right to run cycle stand, is being auctioned by respondent No.4-Temple belongs to them, the same is specifically denied by respondent No.4-Temple, and it is their specific case that the land on which the right to run cycle stand, is being put to auction, belongs to the Government, and to prove that the said land belongs to the Government, they filed proceedings dated 05.01.2009, issued by the Tahsildar, Kolcharam Mandal, who certified that the land is government land, and permitted respondent No.4-Temple to make use of the same during the carnival. This apart, though the petitioner contends that they are maintaining the roads for the convenience of the pilgrims, the same is disputed by respondent No.4 contending that the Panchayat Raj Department of the Government and respondent No.4 is incurring expenditure for maintaining the roads and street lighting during the carnival. Be that as it may, pursuant to the impugned notification, the auction as scheduled was conducted and the highest bidder was given the right to run the cycle stand, and by reason of lapse of time, nothing subsists for adjudication with respect to the impugned notification in the writ petition. However, having regard to the fact that the dispute raised in the writ petition is perennial and would crop up every year during the carnival period, inasmuch as both the petitioner and respondent No.4 are contending that they alone have the exclusive right to collect rusum in respect of the cycle stand, and having regard to the fact that the representations dated 10.01.2008 and 27.12.2008 submitted by the petitioner are pending consideration, in order that the dispute is resolved once and for all, I deem it appropriate to dispose of the writ petition with the following directions: The 2nd respondent-District Collector, Medak District, to consider the representations dated 10.01.2008 and 27.12.2008 submitted by the petitioner, by issuing notice to all the concerned parties, including respondent No.4, and upon examining the relevant records that may be produced by the respective parties in support of their claim, pass appropriate speaking orders expeditiously. Accordingly, the writ petition is disposed of. No order as to costs. ______________ N.V.RAMANA,J 01.06.2010 v v