IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12911 of 2008 Between: Karibandi Laxmikantham W/o. Venkat Rao R/o. Vadapalem Village, Kothapeta Mandal, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Endowments Department, Rajahmundry, rep. by its Regional Joint Commissioner, Multi Zone-I. 2 Sri Bandaru Perammagari Swamigari Annadana Samajam, Vadapalem, Kothapeta Mandal, East Godavari District, Rep. by its Executive Officer. 3 The Assistant Commissioner, Endowments Department, Rajahmundry, East Godavari District. .....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 issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in seeking to conduct public auction pursuant to the public auction notice dated 27.05.2008 in so far as it relates to Sl.No.1, R.S. Nos.605 and 771/2, admeasuring Ac.2.17 Cents and Ac.2.50 Cents of Vadapalem Village, Kothapeta Mandal, East Godavari District, as arbitrary, illegal, colourable exercise of power, violative of principles of natural justice, apart from being violative of the procedure contemplated under the A.P. Charitable and Hindu Religious Institutions and Endowments Act and violative of the Fundamental Rights guaranteed under Articles 14 and 19 of the Constitution of India and consequently direct the respondent to permit the petitioner to continue to hold the aforesaid land. Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 12911 of 2008 O R D E R: This writ petition is filed seeking a declaration that the action of the second respondent in seeking to conduct public auction pursuant to the auction notice dated 27-05-2008 for grant of leasehold rights in respect of the land in R.S.Nos.605 and 171/2 of Vadapalem village, Kothapeta Mandal, East Godavari District is arbitrary and illegal. It is not in dispute that the said land belongs to the second respondent-temple. It also appears that the petitioner herein was granted lease for the years 2005-2006 to 2007-2008. Sri V.T.M.Prasad, who accepted notice for the second respondent, under instructions stated that since the period of lease in favour of the petitioner has expired, the 2nd respondent has proposed to conduct a fresh auction under the impugned notice. Nothing could be placed before this Court to show that the lease in favour of the petitioner is subsisting. Hence, the action of the second respondent-temple cannot be held to be either arbitrary and illegal. Accordingly, the writ petition is dismissed. However, this shall not preclude the petitioner to participate in the auction if he so chooses. ______________ G. ROHINI,J Date: 20-06-2008 KLP