IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MS. JUSTICE G. ROHINI WP.No. 15181 OF 2010 Between: Chigurupati Manikyam ..... Petitioner V/s. Asst.Commissioner, Endowments, Kakinada, East Godavari district & Anr. … Respondents Counsel for the Petitioner : Sri Ch. Dhanamjaya Counsel for the Respondents: GP for Endowments for R1 Sri VTM Prasad Standing Counsel for Endowments for R2 The Court made the following : (Order follows 2nd page) THE HON’BLE MS. JUSTICE G. ROHINI WP.No. 15181 OF 2010 O R D E R : The petitioner herein is the successful bidder in the auction held on 24-5-2010 for the leasehold rights in respect of Ac:3-89 cents in survey No.43/3, Ac:1-07 cents in survey No. 438/4, Ac:0-63 cents in survey No. 439/3, situated at Pathakota village of K.Gangavaram Mandal, East Godavari district belonging to the second respondent-temple. It is stated that as per the terms and conditions of the auction, he had deposited 1/3rd of the total makta i.e., Rs.5000/- on 24-5-2010 itself. However, without confirming the auction in his favour, the second respondent issued a fresh tender notice dated 19-6-2010 proposing to conduct auction on 25-6-2010 for grant of leasehold rights of the land in respect of which the petitioner was already declared as the successful bidder in the auction held on 24-5-2010. Aggrieved by the said action of the respondents, the present writ petition has been filed. The learned counsel for the petitioner vehemently contended that the action of the respondents in proposing to auction the leasehold rights of the land in question without cancelling the auction held on 24-5-2010 is arbitrary and illegal. However, Sri V.T.M. Prasad, the learned standing counsel appearing for the second respondent-temple under instructions stated that the lease in favour of the petitioner pursuant to the auction held on 24-5-2010 was not approved by the Deputy Commissioner as required under Rule 16 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 and therefore, impugned auctiion notice has been issued proposing to conduct fresh auction for the same land. A perusal of Rule 16 of the A.P. Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 shows that all leases, shall be reported to the competent authority, who may either confirm, or for reasons to be recorded in writing disapprove the lease. The law is well settled that such approval of the competent authority is mandatory and in the absence of approval, no rights will be accrued to the successful bidder. Hence, the impugned action of the respondents cannot be held to be arbitrary or illegal. The learned standing counsel for the second respondent submitted that whatever amount has been deposited by the petitioner pursuant to the auction on 24-5-2010 would be returned to the petitioner. It is made clear that the said amount shall be returned within one week from the date of receipt of a copy of this order, if not already returned. The writ petition is accordingly dismissed, leaving it open to the petitioner to participate in the auction pursuant to the impugned auction notice, if so advised. No costs. ___________________ Justice G. Rohini. 30-06-2010. I s L THE HONOURABLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15181 OF 2010 Circulation Entry No. 10 Date: 30-06-2010 COMPUTER No. 43 Court Master: I s L