THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12946 of 2006 Date :03-06-2014 Between:
Kella Surya Rao s/o Venkata Swamy.
… Petitioner and The Assistant Commissioner of Endowments, Eluru, West Godavari District and another.
… Respondents THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12946 of 2006 O R D E R:
This writ petition, under Article 226 of the Constitution of India, is filed, assailing the action of the respondents in holding public auction on 30.06.2006 for leasing out the land admeasuring Ac.2-33 cents in R.S.No.72/2 and 79 of Doddipatla Village, Elamanchili Mandal, West Godavari District as illegal, arbitrary and contrary to law.
2. Heard Sri K.Chidambaram, learned counsel for the petitioner, the learned Government Pleader for Endowments for the first respondent and Sri V.T.M. Prasad, learned Standing Counsel for the second respondent institution and perused the material available on record.
3. According to the petitioner herein the respondent temple is the absolute owner of the land admeasuring Ac.2-33 cents which is the subject land and that he is the cultivating tenant of the said land. It is the further case of the petitioner herein that the first respondent Assistant Commissioner of Endowments, Eluru, West Godavari District, by virtue of an order in Proceedings R.C.No.A2/3946/2003 Adm. dated 18.02.2005, declared the petitioner herein as the landless poor person. The grievance of the petitioner herein precisely in the present writ petition is that the second respondent institution decided to hold public auction for leasing out its properties on 30.06.2006 despite the same.
4. During the course of arguments it is submitted by the learned Standing Counsel for the second respondent that as per the Rules the lease period is only three years and the same already came to an end long back, as such, the cause in the writ petition does not survive. The said period of lease is not disputed by the learned counsel for the petitioner.
5. A request is made by the learned counsel for the petitioner to permit the petitioner to question the auction in the event of the respondent proposing to hold the same in future. This Court considers the said request as reasonable.
6. For the aforesaid reasons, this writ petition is disposed of by giving liberty to the petitioner herein to question the auction if any likely to be held in future by the first respondent. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
A.V.SESHA SAI, J Date: 03-06-2014 grk THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12946 of 2006 Date : 03rd June, 2014 grk