THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE SANJAY KUMAR WRIT APPEAL No. 787 OF 2009 JUDGMENT: (Per Sanjay Kumar, J) By a common order dated 30.10.2008 passed in Writ Petition Nos.23421 and 23422 of 2008, a learned Single Judge directed that it shall be open to Sri Kalahasteeswara Swamyvari Devasthanam, Srikalahasti, Chittoor District, the second respondent herein, to resume possession of the shops, which were in the possession of the writ petitioners, after 31.3.2009 without initiating any further proceedings and to put the proposed shops to auction for further lease, leaving it open to the writ petitioners to participate in such auction. The writ petitioners in Writ Petition No. 23421 of 2008, being seven in number, filed the present Writ Appeal aggrieved by the aforesaid direction passed in the writ petitions. They were the lessees in respect of shop Nos.1 to 9 of the Devasthanam and their leases were continued from time to time, on extension. It is their case that the Devasthanam had addressed the Commissioner of Endowments by letter dated 15.5.2007 seeking approval for extension of lease in their favour for three more years i.e. upto 30.11.2009. Stating that no action had been taken upon the said communication, they approached this Court by way of Writ Petition No. 23421 of 2008, apprehending their eviction. The learned Standing Counsel for the Devasthanam placed reliance upon G.O.Ms.No.866 dated 8.8.2003, which provides that the lease of properties held by the Endowments should be through auction, as a general rule. It is pointed out that the petitioners in W.P.No.23421 of 2008 had continued as lessees for about 40 years and that their request for further extension would be in contravention of the relevant rules. In the light of these facts and circumstances, the learned Single Judge passed the order directing the Devasthanam to resume possession of the shops under lease with the petitioners in both the Writ Petitions after 31.3.2009 and to put them to auction for grant of lease hold rights, duly reserving liberty to the petitioners in both the cases to participate in the said auction. The order under challenge was suspended by the interim order granted in this writ appeal on 16.6.2009. The 2nd respondent-Devasthanm filed a petition for vacating the said order. With the consent of the counsel, the matter is taken up for final disposal. It is to be noticed that even as per the case projected in Writ Petition No.23421 of 2008, the extension of lease in favour of the writ petitioners sought by the Devasthanam under its letter dated 15.12.2006 is to expire on 15.11.2009. Therefore, they have no indefeasible right to insist upon the extension of their lease for a further period. In view of the relevant rules which provide for lease of the properties of the Endowments by way of auction, the Devasthanm cannot be restrained from adopting such a procedure. In the result, the Writ Appeal is disposed of directing the 2nd respondent-Devasthanam to conduct an auction for the lease of the shops which were leased earlier to the appellants and it shall be open to the appellants to participate in the said auction. In the event the appellants are not the highest bidders in the said auction, they shall forthwith hand over the peaceful vacant possession of the shops to the 2nd respondent-Devasthanam. There shall be no order as to costs. _______________________ T. MEENA KUMARI, J _________________________ SANJAY KUMAR, J 3.11.2009 CHV