THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P. No.1348 of 2008 Date : 29-1-2008 Between: T.Ramesh s/o. Subba Rayudu .. petitioner And Sri Kadhareswara Swamy Temple Devasthanam, represented by its Executive Officer, Siddantham Village, Penugonda Mandal, West Godavari District. .. Respondent THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P. No.1348 of 2008 ORDER: 1. The matter is coming up for Admission. The learned Standing Counsel for respondent-Devasthanam on 28-1-2008 had taken notice and requested time to get instructions. The learned Counsel states that the Counsel got instructions and placed the relevant records before this Court. 2. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondent in conducting auction for collecting toll fee for the period 1-2- 2008 to 31-1-2009 from the vehicles carrying sand as illegal, arbitrary, unconstitutional, without publication and violative of Articles 14 and 21 of the Constitution of India and consequently to stay all further proceedings of auction of the respondent-temple for collecting toll fee for the period from 1-2-2008 to 31-1-2009 till disposal of the Writ Petition and to pass such other suitable orders. 3. Several facts had been narrated in paras 2 and 3 of the affidavit filed in support of the Writ Petition. It is stated that the petitioner is having leasehold rights of Reach No.14 of Siddantham village. It is further stated that to carry sand from the river, the petitioner should use the road of the temple and the temple authorities used to conduct auction for using the road every year. Similarly for the year 2008-2009 the respondent issued papers for toll gate on 27-12-2007 and announced that for the period from 1-2-2008 to 31-1-2009 they are going to conduct auction on 5-1-2008 and on that the petitioner attended and submitted the bid and after coming to know that the petitioner is the highest bidder, the respondent had not confirmed the same and again on 24-1-2008 the respondent issued another paper notification but not supplied to all as the petitioner is the contractor of the sand quarry. The petitioner came to know about the same and participated but on that day also they had not completed the process and on 27-1-2008, the petitioner was informed that again they are going to conduct the auction for the same purpose that too without following the process and without issuing any publication, for collecting toll gate fee for using the road of the temple for carrying the sand by lorries and tractors. The action of the respondent is illegal and arbitrary and the petitioner prayed for stay of all further proceedings of auction to be held on 29-1-2009 for the period 1-2-2008 to 31-1- 2009 for collecting toll fee from the lorries and the tractors. 4. The learned Standing Counsel had produced the records and would submit that though it was notified, the auction in fact was not conducted on 5-1-2008. The learned Standing Counsel also had stated that the auction on 26-1-2008 had not been confirmed since it did not fetch the reasonable amount and fetched only the reduced amount. The learned Standing Counsel also would submit that after the expiry of the period, till the auction is conducted in accordance with law, in the interregnum, the respondent-temple would be collecting the toll. 5. The submissions of the learned Standing Counsel for the respondent-temple are hereby recorded. It is needless to say that as and when the auction is conducted the petitioner is at liberty to participate in the same. 6. With the above observation, the Writ Petition is disposed of. No costs. _________________ Justice P.S.Narayana Date : 29-1-2008 AM