THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.25096 OF 2007 ORDER : The petitioner herein approached the respondents for grant of lease of two mulgies out of 10 mulgies proposed to be constructed in the premises of Sri Veera Hanuman Temple, S.P. Road, Secunderabad. Accordingly, two mulgies were allotted on deposit of Rs.20,000/- each. The petitioner paid the said amount on 22.7.1985. The lease granted in favour of the petitioner was also approved by the Commissioner of Endowments, by proceedings dated 2.3.1985. As per the agreement, mulgies were to be constructed by the petitioner at his cost. While so, the respondents issued the auction notice dated 13.11.2007 proposing to lease out all the 10 mulgies by way of public auction. Aggrieved by the same, the present writ petition is ﬁled contending inter alia that having allotted two mulgies to the petitioner in the year 1985, the respondents cannot propose to auction the leasehold rights in respect of all the ten mulgies. The 2nd respondent, in his counter-aﬃdavit though admitted that the petitioner was allotted 2 mulgies out of 10 mulgies, explained that as per the approval granted by the Commissioner of Endowments, lease in favour of the petitioner was only for a period of ﬁve years. In the circumstances, having regard to the statutory rules made under G.O.Ms.No.866, dated 8.8.2003 the impugned public auction was proposed to be conducted and it is open to the petitioner also to participate if he so chooses. I have heard the learned counsel for both the parties and perused the material on record. The fact that the lease in favour of the petitioner in respect of two mulgies was approved by the Commissioner of Endowments for a period of ﬁve years vide proceedings dated 2.3.1985 has not been disputed by the petitioner. If that be so, the lease in favour of the petitioner expired long back. The material placed before this Court shows that subsequently the Municipal Corporation of Hyderabad constructed a shopping complex and on 29.7.2006 the Trust Board resolved to lease out the same by conducting public auction. Accordingly, wide publicity was given by publishing the auction notice in the local dailies following the procedure prescribed under G.O.Ms.No.866, Revenue (Endowments.I) Department, dated 8.8.2003. As per the said rules, the grant of lease in respect of the immovable properties other than agricultural land belonging to the religious institutions and endowments shall be only by way of public auction. Hence, the impugned notice cannot be held to be arbitrary and illegal. Since the leasehold rights claimed by the petitioner basing on the lease granted in his favour long back in the year 1983 are not subsisting, he cannot raise any objection for grant of fresh leasehold rights by conducting public auction in terms of Statutory Rules. Accordingly, the Writ Petition is dismissed. No costs. ______________ G. ROHINI, J. Dt.05.08.2008 Gbs IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.25096 of 2007 Between: P. Ashok Kumar S/o. Late P. Ramaiah, R/o. H.No. 6-1-48/1, Khairatabad, Hyderabad. ..... PETITIONER AND 1 The Chairman and Trust Board, Rep. by its Secretary, Sree Veera Hanuman Temple, Opp. Anand Theatre, Sardar Patel Road, Secunderabad. 2 The Executive Officer, Sri Veera Hanuman Temple, S.P.Road, Secunderabad. 3 The Government of Andhra Pradesh, Rep. by its Secretary , Revenue (Endowment Department) Secretariat, Hyderabad. 4 The Commissioner of Endowment Department, Twin Cities, Boggula Kunta, Tilak Road, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of writ of Mandamus under Article 226 of the Constitution of India declaring the action of the respondents in issuing paper publication in Eenadu Newspaper Hyderabad Edition on 13-11-2007 for leasing out 10 mulgies by way of public auction pertains (RC No. 39 SVHT/2006) Sri Veera Hanuman Temple, Opp. Anand Theatre S.P. Road, Secunderabad as illegal, arbitrary and consequently direct the respondents not to lease out 2 mulgies out of 10 mulgies by way of public auction which will be conducted on 3-12-2007 at 11.00 am in the said temple premises and to pass such other order or orders Counsel for the Petitioner: Mr. SADURAJESWARA REDDY Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: