A writ petition challenging the legality of a tender notification for lease of temple lands was closed by the Court after the respondent authority had taken over the lands, conducted an auction, and allotted them to third parties before arguments were heard.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
FRIDAY ,THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
i
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 19536 OF 2012
Between:
G.V.Sashirekha W/o G.S.K.Appa Rao,, Hindu, R/o Gollapalli village Nuzvid Mandal, Krishna District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or directionmoreone in the nature of WRIT OF MANDAMUS declaring the action of the 2" respondent in issuing fresh tender Notification dated 18-6-2012 for Lease Hold Rights in respect of the Agricultural Lands in Sy.No. 241 an extent of Ac. 12-32 cents, in Sy.No. 235/2 an extent of Ac. 2-56 cents, in Sy.No. 233 an extent
of Ac. 2-16 cents, in Sy.No. 216/2 an extent of Ac.2-10centssituatedat Gollaplli village, Nuzvid Mandal, Krishna District is illegal, arbitray and violation of Principles of Natural Justice and consequentlyset aside the Tender notification issued by the 2nd respondent for public auction of lease hpid rights of the Agricultural Lands in Sy.No. 241 an extent of Ac. 12-32 ■; / . .V' “cents, in Sy.No. 235/2 an extent of Ac. 2-56 cents, in Sy.No. 233 an extent of Ac. 2-16 cents, in Sy.No. 216/2 an extent of Ac. 2-10 cents situated at Gollaplli village, Nuzvid Mandal, Krishna District dated 18-6-2012.
I.A. NO: 1 OF 2012fWPMP. NO: 25039 OF 2012)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the fresh tender Notification dated 186-2012 for Lease Hold Rights in respect of the Agricultural Lands in Sy.No. 241 an extent of Ac. 1232 cents, in Sy.No. 235/2 an extent of Ac. 2-56 cents, in Sy.No. 233 an extent of Ac. 216 cents, in Sy.No. 216/2 an extent of Ac. 2-10 cents situated at Gollaplli village, Nuzvid Mandal, Krishna District pending disposal of the main Writ petition.
Counsel for the Petitioner: SRI K SRINIVAS
Counsel for the Respondent No.1; GP FOR ENDOWMENTS
Counsel for the Respondent No.2: V T M PRASAD SC FOR ENDOWNMENTS
The Court made the following: Order
7
[3310]
APHC010372472012
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
FRIDAY ,THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 19536/2012
Between:
G.v.sashirekha W/o G.s.k.appa Rao
...PETITIONER
AND
The Assistant Commissioner Endowments Department and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.KSR1NIVAS
Counsel for the Respondent(S):
1.VT M PRASAD SC FOR ENDOWNMENTS
2.GP FOR ENDOWMENTS
The Court made the following Order:
under Article 226 of the Constitution of India The Writ Petition is filed
seeking the following relief;
to issue an appropriate writ, order or direction of WRIT OF MANDAMUS declaring more one in the nature the action of the 2"“' respondent in issuing fresh tender 18-6-2012 for Lease Hold Rights in Notification dated . . x respect of the Agricultural Lands in Sy.No.241 an extent of Ac.12-32 cents, in Sy.No.235/2 an extent of Ac.2-56cents, of Ac.2-16 cents, in Sy.No.216/2 an in Sy.No.233 an extent
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extent of Ac.2-10 cents situated at Gollaplli village,Nuzvid Mandal, Krishna District, is illegal, arbitray andviolationof Principles of Natural Justice and consequently setaside the Tender notification issued by the 2"'' respondentfor public auction of lease hold rights of the AgriculturalLands in Sy.No.241 an extent of Ac.12-32 cents, in Sy.No.235/2an extent of Ac.2-56 cents, in Sy.No.233 an extent ofAc.2-16 cents, in Sy.No.216/2 an extent of Ac.2-10 cents situatedat Gollaplli village, Nuzvid Mandal, Krishna Districtdated18- 6-2012 "
- Today, when the matter is taken up for hearing, none appearedfor the petitioner.
- On hearing, learned Standing Counsel submitted that, during the pendency of the writ petition, the lease lands are taken over by the respondent authorities and subsequently, conducted auction andallottedthelandstothe third parties as per their respective leases. Therefore, learned Standing Counsel requests this Court to record the same and close the writ petition.
- Recording the above submissions, the Writ Petitionis closed. However, if at all any grievance is still subsisting, the petitioner is at liberty to take further steps, in accordance with law.
There shall be no order as to costs.
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a
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
SD/- G HELA NAIDU ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
HIGH COURT
PAT«D:23/08/2024
ORDER WP.No.19536 of 2012
CLOSING THE W.P. WITHOUT COSTS
X 3 0 JAN 2C23 J
^ current Saclt^
G.V.Sashirekha
The Assistant Commissioner (Endowments Department)
The Executive Officer, Raghunadhaswamy Temple
DR JUSTICE K MANMADHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
