IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 10835 of 2004 Between: Bellamkonda Prasada Rao, S/o.Bellamkonda Laxmaiah, Chejarla,R/o.Chejarla, Nekarakallu Mandal, Guntur Dist. ..... PETITIONER AND 1 Govt. of A.P.rep.by its Commissioner, Endowment Dept.,Commi.Ramkote, Hyd. 2 The Executive officer, Sri Kapotheswra Swamy Temple, Chejarla, Nakarakallu Mandalam, Guntur Dist. 3 Simbothula Narsaiah, S/o.Appaiah, R/o.Chejarla Village, Nekarakallu Mandal,Guntur Dist. 4 Rudru Venkateswarlu, S/o.Ullakkaiah, R/o.Chejarla Village Nekarakallu Mandalam, Guntur Dist. 5 Eevuri Veera Appi Reddy, S/o.Pothula Veera Reddy, R/o.Chejarla Village, Nekarakallu Mandalam, Guntur Dist. 6 Umma Malla Reddy, S/o.Pulla Reddy, R/o.Chejarla village Nekarakallu Mandalam, Guntur Dist. 7 Nadendla Sreenu, S/o.Suryanarayana, R/o.Chejarla Village Nekarakallu Mandalam, Guntur Dist. .....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 issue a writ or direction, more particularly one in the nature of writ of mandamus, declaring the auction held by the 2nd respondent on 1-6-2004 in favour of Respondents Nos.3 to 7 for the leasehold rights in respect of the lands in D.No.237 to an extent of Ac.26.50 cents situated at Chejarla Village, Nekarakallu Mandal, Guntur District, as wholly arbitrary, unreasonable, illegal and violative of provisions of Endowments Act apart from Articles 14, 16 and 21 of the Constitution of India and pass. Counsel for the Petitioner: MR.N.SUBBA RAO Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 10835 of 2004 O R D E R: This writ petition is filed seeking a declaration that the auction held by the second respondent-temple on 01-06-2004 for grant of leasehold rights in respect of the lands situated in the Sy.No.237 of Chejerla village, Nekarakallu Mandal, Guntur District is arbitrary and illegal. Though the petitioner sought for interim suspension of the impugned auction in which the respondents 3 to 7 herein were granted the leasehold rights, no such interim order was granted by this Court. As could be seen from the impugned auction notice, the lease in question was only for a period of three years i.e. 2004-2005 to 2006- 2007 and the same expired long back. Hence, nothing survives for adjudication on merits at this stage. However, this shall not preclude the petitioner to raise a dispute before the competent authority under Section 87 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 for adjudication of his rights or for redressal of any other grievance. Accordingly, the writ petition is disposed of. No costs. ______________ G. ROHINI,J Date: 01-12-2008 KLP