IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17021 of 2008 Between: DR. T. Vinayender S/o T. Devendar Goud 8-2-503, Road No.7, Banjara Hills, Hyderabad. ..... PETITIONER AND 1 Tirumala Tirupathi Devastanam, Rep by its Chairman, Tirumala-Tirupathi, Chittoor District. 2 The Executive Officer, Tirumala Tirupathi, Chittoor District. .....RESPONDENT(S) 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 issue a Writ of Mandamus or any other appropriate Writ declarig that the action of the respondents in not grantingthe privilege and entering into ﬁnal agreement with the petitioner in respect of the guest House that was constructed by the petitioner inthe name of Lalitha Satyamma Nilayam at Tirumala by providing privilege of permanent occupancy to the petitioner and his family members inrespect of the Room Nos. 2 and 6 of the said guest House byentring into a ﬁnal agreement is arbitrary and discriminatory and consequently direct the respondents to confer the privilege to the petitioner and his family members onpar with teh other similarly situated persons viz., G. Venkata Swamy MP., V. Ananda Raju M/s. VikasNilayam Guest House and grant such other relief as it deems fit inthe circumstances of the case. Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: MR.S.VENKATESWARA RAO The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17021 of 2008 ORDER: On an application made by the petitioner, the Tirumala Tirupati Dvastanam, 1st respondent herein, allotted land and permitted him to construct a guest house, comprising of 10 suites. The petitioner states that he had completed the construction of the guest house and complains that the Devastanam has not entered into necessary agreement, in the context of taking over of the premises and permitting him to use the guest house, in accordance with the practice and procedure in vogue. The writ petition was adjourned on four occasions, to enable the learned Standing Counsel to obtain instructions. Today, it is represented that up to 18.07.2003, the scheme provided for allotment of each suite for 60 days to the donor and with eﬀect from 19.07.2003, it has been slashed down to 30 days. Learned Standing Counsel submits that in view of the fact that the allotment in favour of the petitioner was before 18.07.2003, but the construction was completed thereafter, the matter was referred to a sub-committee and there was no progress, on account of the lapse of the term of the Trust Board. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Devastanam. It is not in dispute that the petitioner was accorded permission to construct guest house comprising of 10 suites and that the construction has since been completed. The Devastanam confers rights upon the donors, who construct guest houses, in the context of utilization thereof. Up to 18.07.2003, every donor was entitled to use the suite or cottage, as the case may be, for a period of 60 days in a year. This however was reduced to 30 days with eﬀect from 19.07.2003. The petitioner was accorded permission to construct the guest house before 18.07.2003, but the construction was completed after that date. Therefore, an uncertainty emerged as to the entitlement of the petitioner, in the context of using the guest house. The matter has to be resolved one way or the other, since it would have its own repercussions on several guest houses, which have been constructed in the recent past. However, the right of the petitioner to utilize the guest house cannot be put on hold, on the pretext of seeking clariﬁcation. Pending resolution of the dispute, the petitioner can be permitted to utilize the guest house, at least, as per the arrangements, which have been formulated on 19.07.2003, without prejudice to his right to claim the benefit under the earlier scheme. Therefore, the writ petition is disposed of, directing that the Devastanam shall complete the formalities, in respect of the guest house constructed by the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order, and enable him to enjoy the beneﬁts under the 19.07.2003 scheme, but without prejudice to his right to claim the beneﬁt under the earlier scheme. There shall be no order as to costs. _________ 22.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17021 of 2008 Date: 22.09.2008 JSU