THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14540 of 2008 ORAL ORDER: This writ petition is filed seeking a declaration that the action of the 1st respondent/Commissioner of Endowments, in not according permission for grant of licence to the petitioner for selling Visakha Dairy products at the shop situated besides Satyadev Guest House at up hills, belonging to the 2nd respondent- Devasthanam, as arbitrary and illegal. I have heard the learned counsel for both the parties. At the outset, it is to be noted as per Rule 3 of the Rules made under G.O.Ms.No.866 dated 8.08.2003 viz., the A.P. Charitable & Hindu Religious Institutions & Endowments Immovable Properties and Other Rights (other than Agricultural Lands) Leases and Licenses Rules, 2003, grant of licence shall only be by way of public auction. In the circumstances, the impugned action of the 1st respondent, which is in accordance with the statutory rules cannot be held to be either arbitrary or illegal. The recommendation said to have been made by the Executive Officer of the temple dated 30.11.2007 being contrary to the statutory provisions, is of no consequence, and no Mandamus can be issued to enforce the same. Accordingly, the writ petition is dismissed. No costs. 25.07.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.14540 of 2008 Between: Smt. D. Chenayyamma W/o. Late Simhachalam, R/o. Bendapudi, Tondangi Mandal, East Godavari District. ..... PETITIONER AND 1 The Commissioner of Endowments, Governemnt of Andhra Pradesh, Tilak Road, Hyderabad. 2 S.V.V.S.S. Devathanam, Annavaram, East Godavari District rep. by its Executive Officer. .....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 an appropriate writ more in the nature of writ of Mandamus declaring the action of the Respondent No.1 Commissioner, Endowments in not according permission to grant licence by the SVVSS Devasthanam to the petitioner to sell Visakha Dairy Products at shops besides Satyadeva Guest House up the hill, despite clear proposals put forth by the 1st Respondent in Rc.No.C1/3219/2006 dated 29.11.2007, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 1st respondent to forthwith permit the 2nd respondent Devasthanam to grant licence to the petitioner to run dairy stall in Devasthanam premises and issue such other writ or order or directions as deemed fit and proper in the circumstances of case. Counsel for the Petitioner: Mr. CH.SAMSON BABU Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: