HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.17730 OF 2009 Dt.25.8.2009 Between: Janga Krishna Murthy … Petitioner and 1. The State of A.P. rep.by its Secretary to Government, Revenue (Endowment-III), and another … Respondents HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.17730 OF 2009 O R D E R: Heard Sri Ravi Shankar Jandhyala, the learned counsel representing petitioner. The learned Assistant Government Pleader for Endowments representing R-1 and Palle Nageswara Rao, learned Standing Counsel representing R-2. The matter is coming up for admission. The writ petition is filed for a writ of Mandamus declaring the action of the respondents, not implementing the G.O.Ms.No.1220 dated 21.10.2008 issued by the 1st respondent as illegal and arbitrary, capricious violation of principles of natural justice and consequentially direct the respondents to implement G.O.Ms.No.1220 dated 21.10.2008 issued by the 1st respondent and to pass such other suitable orders. The petitioner is the Ex-MLA, Gurajala and erstwhile member of Tirumala Tirupati Devasthanams. It is stated that the Executive Officer, Tirumala Tirupati Devasthanam in his letter dated 3.3.2008 had informed that Tirumala Tirupati Devasthanam in its Resolution No.212 (A) dated 31.7.2005 resolved to allot vacant site in plot No.2, Balaji Nagar, Tirumala in his favour, for construction of a Guest House under donation Scheme subject to the fulfillment of terms and conditions stipulated under donation Scheme. It is stated that as the petitioner failed to fulfill the terms and conditions prescribed within the stipulated time ie., to pay the donation amount within 15 days, a notice was issued to the petitioner to fulfill failing which the allotment made in favour of the petitioner will be cancelled. As petitioner failed to respond to the notice, respondent No.2 in Res.No.303, dated.27.7.2006 resolved to cancel the allotment to the said plot to him for non-fulfilment of terms and conditions prescribed. It is also stated that thereafter the petitioner requested Tirumala Tirupati Devasthanam to extend time for payment of donation amount as he would not pay the amount due to unavoidable circumstances. The request of the petitioner was rejected by the second respondent. Later, the Chief Accounts Officer, Tirumala Tirupati Devasthanam addressed a letter to him to send the donation amount of Rs.10,00,000/-. Pursuant to that, the petitioner had sent an amount of Rs.10,00,000/- through Demand Draft towards donation amount for allotment of site for construction of guest house. However, the Executive Officer, Tirumala Tirupati Devasthanam requested the Government to permit him to return the Demand Draft tome. Accordingly, vide Memo No.13894/Endts.III/A1/2008-1, dated 23.4.2008 permission had been granted to the Executive Officer, Tirumala Tirupati Devasthanam to return the same to the petitioner. It is further stated that the petitioner made a representation vide No.13894/Endts.III/A1/2008-1, dated 23.4.2008 to the Government that the Tirumala Tirupati Devasthanams allotted plot No.2, Balaji Nagar area, Tirumala to him under Tirumala Tirupati Devasthanams donation scheme for construction of the cottage/guest house. Against that the petitioner paid an amount of Rs.10,00,000/- for the said purpose on receipt of the letter. The Government after careful examination of the matter, accorded permission to the Executive Officer, Tirumala Tirupati Devasthanam to re- allot the vacant site in plot No.2, Balaji Nagar, Tirumala in his favour for construction of Guest House under Tirumala Tirupati Devasthanam donations Scheme on usual terms and conditions as resolved by the Tirumala Tirupati Devasthanam Board in its Res.No.212(A) dated 31.7.2005 as a special case as already the petitioner paid the amount. It is also stated that even though by virtue of G.O.Ms.No.1220 dated 21.10.2008 the Government of Andhra Pradesh being represented by Principal Secretary, Revenue (Endowments-III) Department, had treated the case of the petitioner as a special case by the Tirumala Tirupati Devasthanam Board resolution in Res.No.212(A) dated 31.7.2005, no action had been taken so far in this regard. It is also stated that the petitioner is a former MLA and also at a particular point of time a Board Member. In such circumstances, the writ petitioner approached this Court. In the light of the facts and circumstances, this Court is of the considered opinion that the writ petition be disposed of directing the respondents to consider the case of the petitioner and pass appropriate orders in this regard, in the light of G.O.Ms.No.1220 dated 21.10.2008 and also the facts specified supra, within a period of eight (8) weeks from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of. No order as to costs. _________________ P.S.NARAYANA,J 25th August, 2009. Note: Issue CC in three days. B/o PNV HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.17730 OF 2009 Dt.25.8.2009