THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No : 30902 of 2010 O R D E R: In this Writ Petition, the petitioner has questioned the tender notice, dated 19.11.2010, issued by the Executive Officer-cum-Joint Commissioner, Swayambhu Sri Varasiddi Vinayaka Swamy Devasthanam, Kanipakam Village. By the aforesaid notice, the respondents have notified by public auction for sale of licence rights to run service station, cloak room, shoe centre for pilgrims, canteen with parking place, vegetarian hotel and to sell calendars, etcetera. At present, the petitioner is concerned with the item at Sl.No. 4 which was notified for grant of licence rights to run a canteen with parking place. It is the case of the petitioner that he was granted licence earlier for a period of two years as he was the successful bidder for Rs.7,06,000/- for two years. It is stated that without any remark, he has been running the said canteen, as such, he has also made a representation for extension of lease further. It is not in dispute that two years period for which the petitioner was the highest bidder already expired and it is stated that on the representation of the petitioner, he was also allowed to run the canteen for a period of one more month than the notified period. It is the grievance of the petitioner that though he filed representations, the respondents are not considering to continue him further and the same is in violation of the orders issued by the Government in Memo No. 20175/Endt/(2)/2010- 11, dated 18.05.2010. As per the rules framed by the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the rights to run the canteen etcetera are to be sold by way of public auction. Even if any instructions are issued, which run contrary to the statutory rules framed under the Act, they cannot rule the field unless the statutory rules are amended. In that view of the matter, the notification issued by the respondents is in conformity with the statutory rules to sell the licence rights by way of public auction. In view of expiry of the licence period of the petitioner and in the absence of any right of renewal, I do not find any illegality to entertain this Writ Petition for grant of relief as prayed for. The Writ Petition is devoid of merits and it is therefore, dismissed. No costs. ----------------------------- (R. SUBHASH REDDY, J) 8th December 2010 ksld 1. ..... REGISTRAR 2. // TRUE COPY // 3. SECTION OFFICER To 4. 1) 2 CD copies 5. Form-NIC-OGS/WP{BMR} 3rd August 2009 ksld