THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.1352 of 2008 DATED 30.1.2008 BETWEEN: E.Karthik. .. PETITIONER Versus Sri Sri Sri Mallikarjuna Swamy Devasthanam, represented by its Executive Officer, Inavolu (v), Vardhannapeta (M), Warangal District. .. RESPONDENT THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.1352 of 2008 ORDER: The matter is coming up for admission. On 29.1.2008, Sri C.H. Satish Kumar, learned Standing Counsel representing the respondent had taken notice and requested time to get instructions. 2. Sri K.Vinay Kumar, learned counsel representing the writ petitioner would submit that in view of religious sentiments of the devotees, the coconuts are being sold by the writ petitioner and along with coconuts even Pasupu Kumkuma free of cost are being sold. Though these Pooja items are not notified items and are not subject matter of the auction at all and though no prejudice would be caused, unnecessarily the respondent-Executive Officer is raising an objection since the writ petitioner is from an outside district. 3. Sri C.H. Satish Kumar had placed before this Court the instructions and also the Circular in Rc.H1/13939/2007, dated 11.10.2007 and would maintain that inasmuch as the petitioner is selling coconuts at a higher rate of Rs.10/- instead of selling at Rs.5/-, notice had been issued basing on certain complaints and no reply had been submitted to the said notice and only with a view to ward off further action in this regard, this Writ Petition had been thought of. 4. Heard both the learned counsel. 5. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondent and its subordinates in not allowing the petitioner, who is licensee to sell coconuts along with other pooja items in the premises of Sri Sri Sri Mallikarjuna Swamy Devasthanam, Inavolu (v), Vardhannapeta (M), Warangal District, as illegal, arbitrary, without authority and consequently direct the respondent not to prevent the petitioner from sale of coconuts along with other pooja items and pass such other suitable orders. 6. The open auction notice was issued by the respondent on 18.12.2007 and the open auction was conducted on 26.12.2007. The license period of the petitioner is from 1.1.2008 to 31.12.2008. Several other facts also had been narrated in relation to the petitioner sustaining loss during Jatara period as well i.e., 13.1.2008 to 16.1.2008, in the affidavit filed in support of the Writ Petition. The representation made by the petitioner dated 16.1.2008 also had been referred to therein. 7. This Court is not inclined to express any opinion relating to the alleged notice or action said to have been initiated in relation to the sale of coconuts at higher price. However, the petitioner is at liberty to submit his explanation in this regard and the concerned authorities are at liberty to further probe into the said aspect. 8. Inasmuch as it is stated that the writ petitioner is selling coconuts only at the fixed at Rs.5/- along with Pasupu Kumkuma free of cost keeping in view the religious sentiments of the devotees and inasmuch as there is no specific prohibition in this regard, the respondent is directed not to obstruct the petitioner in the event of the petitioner selling the coconuts at the fixed rate of Rs.5/- along with Pasupu Kumkuma items free of cost. It is needless to say that if these conditions are not being observed, the respondent is at liberty to initiate appropriate action. 9. With the direction indicated above, the Writ Petition is disposed of. There shall be no order as to costs. ---------------- -- 30.1.2008 SSR