THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2557 of 2011 Dated 08th February, 2011 Between: Y.V.Reddy Swaroopa Gupta …Petitioner And The Govt.of A.P.rep.by its Commissioner, Endowments Department, Tilak Road, Abids, Hyderabad and others …Respondents Counsel for the petitioner: Sri K.Sitaram Counsel for respondent Nos.1 & 2: AGP for Endowments Counsel for respondent No.3: Sri V.T.M.Prasad The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the inaction of respondent No.1 in taking a decision on the proposals, dated 24.03.2010, and 24.01.2011, of respondent No.3 as illegal and arbitrary. The petitioner sought for a direction to the Commissioner of Endowments to take a decision thereon. I have heard Sri K.Sitaram, learned counsel for the petitioner, the learned Assistant Government Pleader for Endowments representing respondent Nos.1 and 2, and Sri V.T.M.Prasad, learned Standing Counsel representing respondent No.3. The petitioner was a lessee of shop bearing No.58/27. As he did not vacate the leased premises belonging to respondent No.3, O.A.No.2 of 2001 was filed for his eviction. With the constitution of Endowments Tribunal, the O.A., is stated to have been transferred to the said Tribunal. During the pendency of the O.A., on the proposals submitted by the Executive Officer of respondent No.3-temple, the Commissioner, Endowments, issued proceedings, dated 28.11.2005, directing collection of arrears of rent and send proposals thereafter. The petitioner pleaded that in pursuance thereof, he has paid the rents at enhanced rates and that respondent No.3 in its executive committee meeting held on 08.02.2010 resolved to extend the lease for a further period of three years from 13.02.2009 at enhanced rate of 35% over the existing rent of Rs.6,000/-. The petitioner further pleaded that another letter was addressed by respondent No.3 on 24.01.2011 requesting the Commissioner, Endowments, for approval of its proposal for extension of lease on a monthly rent of Rs.8,100/-. The grievance of the petitioner is that despite the said request made by respondent No.3, the Commissioner has not been taking a decision. Under Rule 3 of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Immovable Properties and Other Right (Other than Agricultural) Leases and Licenses Rules, 2003, all leases or licenses shall be made by way of public auction. However, under sub-rule (1), the Commissioner on a request made in writing by the Executive Authority may permit the lease of any property or right otherwise than by way of public auction, if he is satisfied, for reasons to be recorded in writing that the interest of the institution or endowments will not suffer thereby. As respondent No.3 is stated to have passed a resolution with a request to the Commissioner, Endowments to approve the proposal for renewal of lease in favour of the petitioner for a period of three years, it is incumbent upon the Commissioner to consider the said proposal and if he is satisfied that the said proposal is beneficial to the institution, he shall approve the same. Conversely, if he feels that such an approval does not benefit the institution, he may reject the same. Inasmuch as the grievance of the petitioner in this writ petition is innocuous, namely, that the Commissioner has not taken a decision on the proposals of respondent No.3, without going into the entitlement of the petitioner for grant of fresh lease/renewal in this writ petition at this stage, the Commissioner of Endowments is directed to take a decision on the proposals sent by respondent No.3 and communicate the same to the latter, within a period of one month from the date of receipt of a copy of this order. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.Nos.3166 and 3167 of 2011 filed by the petitioner for interim relief are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 08th February, 2011 Note: Issue CC in one week. (b/o) VGB