Kota Ramaiah, Guntur Dist. Vs Sri Raghunayaka Swamy Vari Temple, Guntur Dist & Anothers

SRI RAGHUNAYAKA SWAMY VARI TEMPLE GUNTUR DIST ANOTHERS, KONURU (VILLAGE), ATCHAMPET MANDAL GUNTUR DISTRICT, REPRESENTED BY ITS MANAGER, ATCHAMPET GROUP TEMPLES,

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THE ASSISTANT COMMISSIONER OF ENDOWMENTS DEPARTMENT, GUNTUR.

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...RESPONDENT(S):

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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 toto issue a Writ of Mandamus or any other appropriate writ, or order, or direction in the nature of a Writ, declaring the proposed auction of leasehold right with respect to Ac.2-41 cents in S.No.207/1 & 2 of Konuru Village, Atchampet Mandal, Guntur District belonging to the 1st respondent Temple as arbitrary, illegal and void and consequently to direct the respondents not to conduct the proposed auction of leasehold right in the said land and not to interfere in any way with the possession and enjoyment of the petitioner in the said land without recourse to due process of law and to pass

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IA NO: 1 OF 2011(WPMP 23685 OF 2011

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the proposed auction of leasehold rights by the respondents with respect to Ac.2-41 cents of land in S.No.207/1 & 2 of Konuru Village, Atchampet Mandal, Guntur District. pending disposal of this Writ Petition and to pass

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Counsel for the Petitioner:

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1.RAMA CHANDRA RAO GURRAM

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Counsel for the Respondent(S):

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1.PADMAVATHI PADNAVIS

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2.GP FOR ENDOWMENTS

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3.....

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19581/2011

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ORDER:

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This writ petition is filed under Article 226 of the Constitution

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of the India seeking the following reliefs:-

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“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proposed auction of leasehold right with respect to Ac.2.41 cents in S.No.207/1 & 2 of Konuru Village, Atchampet Mandal, Guntur District belonging to the 1^st respondent Temple as arbitrary, illegal and void and consequently to direct the respondents not to conduct the proposed auction of leasehold right in the said land and not to interfere in any way with the possession and enjoyment of the petitioner in the said land without recourse to due process of law and pass such other order.

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Heard Sri Venata Subbaiah Pogula, learned counsel for the

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petitioner and the learned counsel for the respondents.

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Learned counsel for petitioner submits that since the facts

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and circumstances of this Case are similar to that of W.P.No.10460

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of 2009, he prays to pass similar order in this Writ Petition also.

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Learned counsel for the respondents does not refute the

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submission made by the learned counsel for the petitioner.

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Relevant paragraph of the order passed in W.P.No.10460 of 2009 is extracted hereunder:

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“In view of the above, and after hearing Sri G.Rama Chandra Rao, learned counsel for the petitioners and Sri K.Madhava Reddy, learned standing counsel for the respondent- temples, this writ petition is disposed of, leaving it open to the respondent-temples

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to take appropriate action in the event of non-payment of rents as agreed by the petitioners in their consent letters dated 02.07.2009. There shall be no order as to costs.”

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In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of leaving it open to the respondent-temple to take appropriate action in the event of nonpayment of rents as agreed by the petitioner . There shall be no order as to costs.

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