IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7994 of 2008 Between: P. Adinarayana S/o. Edukondalu R/o. H.No. Flat No.33, Sagarala Colony, Seethaphalmandi, Secunderabad. ..... PETITIONER AND 1 The Commissioner Endowments Department, Hyderabad, Andhra Pradesh. 2 Sri Boyakonda Gangamma Devasthanam, Deguvapalli Village, choudepalli Mandal, Chittoor District, rep. by its Asst. Commissioner & Executive Officer. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropraite writ, order or direction, more particularly one in the nature writ of mandamus declaring the action of the 2nd respondent in conducting auction scheduled on 15.04.2008 in respect of Item No.1 of the Open Tender Notice dated 31.02.2008 in so far as Item No.1 of the Notice is concerned and consequently direct the respondents to consider the petitioner's representation dated 03.04.2008 for enhancement of 8% amount on existing amount, and pass Counsel for the Petitioner:MR.G.V.SRAVAN KUMAR Counsel for the Respondent No.1: GP FOR ENDOWMENTS Counsel for the Respondent No.2 : Sri V.T.M.Prasad (SC) The Court made the following : THE HON’BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7994 of 2008 ORDER: Petitioner seeks to assail the tender notice dated 31.03.2008 issued by the second respondent, calling for tenders from eligible candidates for granting lease for collection of human hair from the second respondent-Temple for a period of one year from 01.06.2008 to 31.05.2009. It is the case of the petitioner that he was granted lease by the second respondent temple for collecting human hair for the period from 2006-2007 and thereafter extended in 2007-2008, which is to come to an end by 31.05.2008. Petitioner further states that as the lease period expires by 31.05.2008, he requested the respondent-authorities many a time to extend the lease period for a further period of two years by enhancing the lease amount by 8 per cent of the current year, but in vain. Thereafter, he also submitted an application dated 03.04.2008 to the first respondent, marking a copy to the second respondent, to consider his case. Now his grievance is that without considering his application, the respondents are proceeding to conduct auction on 15.04.2008. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Endowments and also the learned Standing Counsel for the second respondent. The learned counsel for the petitioner reiterated what has been narrated in the affidavit filed in support of the writ petition. On the contrary, the learned Standing Counsel for the second respondent-temple submitted that if the lease is granted to third parties, the second respondent temple would get more income. However, as the petitioner has agreed for enhancing the lease amount by 8 per cent and also his application dated 03.04.2008 is pending consideration with the respondents, without going into the merits of the case, the writ petition is disposed of directing the respondents to consider the application of the petitioner dated 03.04.2008 and pass appropriate orders in accordance with law. Till the representation of the petitioner is considered, the auction scheduled to be held on 15.04.2008 shall not take place. __________ 11.04.2008 Note: Communicate the operative portion of the order by wire at party’s cost. (B/o) sh To 1 The Commissioner Endowments Department, Hyderabad, Andhra Pradesh. 2 The Assistant Commissioner & Executive Officer, Sri Boyakonda Gangamma Devasthanam, Deguvapalli Village, choudepalli Mandal, Chittoor District. 3. Two C.Cs 4. Two CDs