THE HONOURABLE SRI JUSTICE V.ESWARAIAH Date:20-12-2005 WRIT PETITION No. 26753 OF 2005 BETWEEN: P.Sampath Kumar. …Petitioner And The Executive Officer, Sri Mallikarjuna Swamy Temple, Inole Village, Vardhannapet Mandal, Warangal District. …Respondent ORDER: The petitioner seeks to issue a writ of mandamus declaring that the petitioner is entitled to run the Kirana Shop in the same place as running from 15-12-2005 to 31-12-2005 and from 1-1-2006 to 31-3- 2006 and also further declare that the action of the respondents in not considering the representation of the petitioner as illegal and arbitrary. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent. The petitioner submits that he was the highest bidder to run a kirana shop in front of Sri Mallikarjuna Swamy Temple at Inole village, Vardhannapet Mandal, Warangal District in the auction held on 6-5- 2004 for the period from 1-5-2005 to 15-12-2005 on payment of Rs.43,900/-. It is further stated that as there was no auction contemplated from 16-12-2005 to 31-12-2005, the petitioner made a representation before the respondent on 4-12-2005 requesting to permit him to run the kirana shop for 15 days on payment of proportionate licence fee, but the said representation was not considered by the respondent. Aggrieved by the action of the respondent, the present writ petition has been filed. The learned counsel appearing for the petitioner submits that the auction is for two spells, the first spell is from 1-5-2005 to 15-12-2005 and the next spell is from 1-1-2006 to 31-3-2006 and nobody is allowed to run the kirana shop or hotel or panshop for a period of 15 days from 16-12-2005 to 31-12-2005 so as to enable the temple authorities to make arrangements for Jathara. It is further stated that for the second spell, it is for the authorities to ear-mark the shops as per the auction notification. Having regard to the facts and circumstances of the case, I am not inclined to express any opinion as the petitioners has not been granted any lease or licence to carry on the kirana shop from 16-12- 2005 to 31-5-2005. However, as the representation of the petitioner is pending consideration, the respondent may consider and dispose of the said representation dated 4-12-2005 for permitting him to run the kirana shop without causing obstruction to the Jathara arrangements in any other place as decided by the respondent. The writ petition is disposed of accordingly. No costs. ________________ V.ESWARAIAH, J Date: 20-12-2005. Shr.