IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14948 of 2008 Between: K.Sunil Kumar S/o. Prakash Rao R/o. H.No. 3-8-724, Srinivasa Road, Shanti Nagar Karimnagar. ..... PETITIONER AND 1 The Commissioner, Endowments Department, Government of A.P., Tilak Road, Hyderabad. 2 The Assistant Commissioner, Endowments, Karimnagar District. 3 The Manager, Sri. Viswanatha Swamy Devasthanam, Sircilla, Karimnagar 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 to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandmaus declaring the action of the Respondent No. in issuing proceedings RC.No. SVST/S/2008, dt.08.07.2008 directing the petitioner to vacate the leasehold premises in S.No.1563 to an extent of Ac.0-22 guntas of Respondents No.3 temple as arbitrary, unreasonable, illegal, improper, contrary to Rules, violative of principles of natural justice and set aside the same and pass Counsel for the Petitioner:MR.V.SREE RANGA RAO Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14948 of 2008 ORDER: Sri Viswanatha Swamy Devasthanam, Sircilla, 3rd respondent herein owns an extent of 22 guntas of land in Survey No.1563 of the Village. The petitioner was granted lease in the year 1999 after conducting public auction. Thereafter, it was being renewed from time to time and the latest of the leases expired on 31.11.2005. The petitioner submitted an application for extension of the lease by three more years. The Assistant commissioner of Endowments, 2nd respondent herein, refused to accord permission. In view of the same, the Temple issued notice, dated 08.07.2008, requiring the petitioner to vacate the land. The petitioner challenges the same. The petitioner contends that he has established a saw mill and instead of conducting auction, the lease can be extended by enhancing the rent marginally. The respondents ﬁled a counter aﬃdavit stating that the lease in favour of the petitioner expired long ago, and as required under the relevant provisions of law, fresh lease has to be granted only after conducting auction. It is also stated that the land is needed for the purpose of Temple. Heard the learned counsel for the petitioner, learned Government Pleader for Endowments and the learned Standing Counsel for the Temple. Admittedly, the lease in favour of the petitioner expired in the year 2005 itself. Any fresh lease has to be granted only after conducting the auction. The petitioner cannot insist on the renewal of lease in his favour. In case, the land is needed for the Temple itself, it cannot be required to grant lease in favour of the petitioner or any other person. On the other hand, if the Temple intends to lease the property, auction is to be held, wherein the petitioner can participate; and in the event of his emerging as highest bidder, or his being prepared to pay the amount, that is fetched as the highest bid, fresh lease can be granted in his favour. For the foregoing reasons, the writ petition is disposed of, directing that – (a) In case, the Temple intends to put the property to its own use, and it does not intend to lease it to anyone, the petitioner shall be under obligation to vacate the premises within two (2) months from the date of intimation by the Temple, as to its intention; (b) In case, the Temple intends to lease the property, it shall be entitled to conduct auction of the leasehold rights. If the petitioner emerges as the highest bidder, or oﬀers to pay the amount that is fetched as highest bid, a fresh lease shall be granted in his favour. On the other hand, if any other person emerges as the lessee, the petitioner shall be under obligation to vacate the premises and hand over the possession thereof within one (1) month, from the date on which the auction is finalized. There shall be no order as to costs. _________ 22.10.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14948 of 2008 Date: 22.10.2008 JSU