IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE G.CHANDRA RAO WRIT APPEAL NO : 1263 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 05/08/2000 in WP No: 25096 of 2007 on the file of the High Court.) Between: P. Ashok Kumar S/o. Late P. Ramaiah R/o. H.No. 6-1-48/1, Khairatabad, Hyderabad. ..... APPELLANT AND 1 The Chairman and Trust Board, Rep. by its Secretary, Sree Veera Hanuman Temple, Opp. Anand Theatre, Sardar Patel Road, Secunderabad. 2 The Executive Officer, Sri Veera Hanuman Temple, S.P.Road, Secunderabad. 3 The Government of Andhra Pradesh, Rep. by its Secretary , Revenue (Endowment Department) Secretariat, Hyderabad. 4 The Commissioner of Endowment Department, Twin Cities, Boggulakunta, Tilak Road, Hyderabad. .....RESPONDENTS Counsel for the Appellant: Mr.SADURAJESWARA REDDY Counsel for the Respondents: Mr.N.SRIDHAR REDDY The Court made the following : ORDER: (per Hon’ble Sri Justice B.Prakash Rao) Heard Sri Sadu Rajeswara Reddy, learned counsel appearing for the appellant, and Sri N.Sridhaer Reddy, Sri Satish Kumar and the learned Government Pleader for Endowments appearing for the respondents and at their request, the main appeal is taken up for disposal. 2. Appellant is the unsuccessful writ petitioner who ﬁled the Writ Petition under Article 226 of the Constitution of India assailing the auction notiﬁcation published in the local newspaper on 13-11-2007 for leasing out ten mulgies, belonging to the respondent- temple, by way of public auction. Consequently the appellant herein has also sought a direction not to lease out two mulgies out of ten mulgies by way of the said public auction. 3. The case of the appellant is that he has already made substantive contribution of Rs.20,000/- each for allotment of two mulgies and in spite of the same respondents issued the said auction notice proposing to lease out all the ten mulgies by way of public auction. Having heard the learned counsel for both parties, the learned single Judge held that since the leasehold rights claimed by the petitioner basing on the lease granted in his favour long back in the year 1983 are not subsisting, he cannot raise any objection for grant of fresh leasehold rights by conducting public auction in terms of Statutory Rules and accordingly dismissed the Writ Petition. Hence, the present Writ Appeal. 4. Having heard the learned counsel it appears, except making the bare payment of Rs.20,000/- each to the respondents, which was received and lying with the 4th respondent, no steps have been taken in respect of such allotment. 5. Admittedly, there is no such lease existing in favour of the appellant as per law. Even otherwise, it is submitted by the learned counsel for the respondents that subsequent to construction of the mulgies the lease was granted to the appellant for a period of ﬁve years and that period was already over. In view of the same, we do not ﬁnd any justiﬁcation for invoking Article 226 of the Constitution of India. If the appellant has any grievance in respect of the money deposited by him to the temple which is lying with the 4th respondent/Commissioner of Endowment Department, Hyderabad, it is always open for him to ﬁle an appropriate application before the 4th respondent for refund of the same, and the 4th respondent shall consider and dispose of the same in accordance with law. 6. Accordingly, the Writ Appeal is dismissed. There shall be no order as to costs. ___________________ B.PRAKASH RAO,J ___________________ G.CHANDRAIAH,J 13th October, 2008 Tsy To 1 The Secretary, Chairman and Trust Board, Sree Veera Hanuman Temple, Opp. Anand Theatre, Sardar Patel Road, Secunderabad. 2 The Executive Officer, Sri Veera Hanuman Temple, S.P.Road, Secunderabad. 3 The Secretary, Government of Andhra Pradesh, Revenue (Endowment Department) Secretariat, Hyderabad. 4 The Commissioner of Endowment Department, Twin Cities, Boggula Kunta, Tilak Road, Hyderabad. 5 2 CCs to the GP for Endowments, 6 2 CD copies