HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.4948 of 2004 Date: 08-12-2011 Between Barla Appa Rao and 4 others … Petitioners and The Government of A.P., Revenue (Endowments.IV) Department, Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad and 7 others … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.4948 of 2004 Order: Heard Sri D.Gnaneswara Naidu, learned counsel for the petitioners; the learned Government Pleader for Endowments appearing for the respondents 1 to 5; and Sri V.T.M.Prasad, learned Standing Counsel for the 6 th respondent-Temple. 2. This writ petition is ﬁled seeking a direction by way of mandamus to declare the order passed by the 1st respondent in directing the respondents 2 to 5 for grant of lease hold rights of the Choultry (building) covered by Door No.17-6 situated in an extent of Ac.0-61 cents in R.S.No.293 of Penugonda village and Mandal, West Godavari district, belonged to the 6th respondent-temple, in favour of the 7th respondent as illegal and arbitrary. 3. While disposing of Revision Petition No.1 of 1998 filed by Sri Penugonda Kshetra Arya Vysya Yuvajana Sangham of Penugonda, the Government has passed the order dated 28-11-2003 passed in Memo No.75925/Endts.IV(2)/2008-09 directing the Assistant Commissioner of Endowments, Eluru, West Godavari district to allot the aforesaid premises to the 7th respondent by ﬁxing reasonable rent for a period of 5 years. 4. It is the case of the petitioners that there is no reason for such allotment without putting it to open auction. 5. At the stage of admission, this Court by order dated 17-3-2004 granted interim stay of impugned orders to the extent of granting beneﬁt conferred on the 7th respondent, directing not to lease out the property without public auction. The said interim order passed by this Court continued all along. 6. When the matter is taken up, it is submitted by the learned counsel for the parties that the very order of the Government directing the Assistant Commissioner of Endowments, Eluru, West Godavari district granting of lease is only 5 years which itself is expired in the year 2008. 7. Sri V.T.M.Prasad, learned Standing Counsel, submits that the property can be leased out only by way of public auction in view of the provisions of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Immovable Properties and other Right (Other than Agricultural) Leases and Licenses Rules, 2003 (for short ‘the Rules’). 8. There is no representation on behalf of the 7th respondent. 9. The order of the Government itself is directing the Assistant Commissioner of Endowments, Eluru, West Godavari district to grant lease hold rights by fixing rent in favour of the 7th respondent for a period of 5 years. In view of the expiry of the said period itself, no direction need be issued at this point of time. 10. However, as per Rule 3 of the Rules referred above framed in G.O.Ms.No.866, Rev. (Endowments I) Dept., dt.08-8-2003, the properties have to be leased out only by way of public auction but not other wise unless special reasons are recorded by the competent authority. 11. In view of the expiry of the lease period of 5 years and in view of the provisions of Rule 3 of the Rules referred above, I deem it appropriate to dispose of the writ petition with a direction to the respondents that if the premises in question is to be leased out further, it shall be made in accordance with Rule 3 of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Right (Other than Agricultural) Leases and Licences Rules, 2003, framed under G.O.Ms.No.866, dated 08-8-2003. 12. Subject to above directions, the writ petition is disposed of. No costs. _______________________ R.SUBHASH REDDY, J. 08th December, 2011. Ak HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.4948 of 2004 08th December, 2011. (Ak)