Dismissed

Agnikula Kshatriya Sangham v. The Government of Andhra Pradesh

Telangana HC25 Jan 2011WP/19720/2008

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh dismissed a writ petition aimed at auctioning shops and evicting tenants. The Court held the filing was motivated by mala fide intentions, lacked public interest, and unnecessarily consumed time, noting the petitioner concealed facts about reconstruction funded by tenants.

What did the court decide?

Writ petition dismissed with costs to be determined after adjudication of counter-allegations; liberty granted to respond via affidavit.

Agnikula Kshatriya Sangham Vs The… — Public Procurement and Tenders | Telangana HC (2011)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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PRESENT

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THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR

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WRIT PETITION NO.19720 OF 2008

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DATED:25.1.2011

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Between: Agnikula Kshatriya Sangham, Gudur Rep. by its Executive Member V. Balakrishna, S/o. Radhakrishnaiah R/o. Chillakur Village and Mandal Nellore District … Petitioner And

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The Government of Andhra Pradesh Rep. by its Principal Secretary Revenue (Endowments-IV) Department Secretariat Buildings, Hyderabad and others … Respondents

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THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND

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THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR

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WRIT PETITION NO.19720 OF 2008

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ORDER: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru)

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Pleading public interest, a writ is sought to put the shops to auction. It is the second round of litigation. Earlier also petitioner had approached the Court by medium of writ petition which was disposed of permitting him to make suggestions to the Commissioner of Endowments. The case on hand is aimed at eviction of the respondents although they are admittedly the tenants of the property in question. The petitioner has suppressed the fact that it was the dilapidated condition of the shops that compelled the management to reconstruct the same with the donation contributed by the tenants amounting to Rs.16,00,000/- and also concealed that reconstruction was done with prior approval of the Government accorded vide G.O. Rt. No.981, Revenue (Endowments-IV) Department, dated 17-05-2007. The relevant portion of the G.O. is extracted herein for facility of reference.

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“In the circumstances reported by the Commissioner of Endowments Department, Hyderabad, in his letter read above, Government, after careful examination of the matter, hereby accord permission to the Commissioner of Endowments Department, Hyderabad, for construction of Shopping Complex in the first phase for 16 shops around the premises of Sri Dharmaraja Swamy Temple, Gudur Town, Nellore District, by collecting donations from the sitting tenants and also to extend the lease period of shopping complex shops in favour of the sitting tenants on enhanced rents at 50% to 100% for a period of three (3) years from 01.08.2005 to 31.08.2008, in the interest of the subject temple, as recommended by the Trust Board.”

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In the given facts we have no hesitation to say that the writ petition

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has been filed with mala fide intentions. No public interest is involved in the matter and Court time has been consumed unnecessarily. Writ petition is accordingly dismissed with costs, which shall be determined after adjudication upon the allegations levelled by the respondents against the petitioner and his brother with liberty to the petitioner to respond through affidavit within two weeks. Let it be placed on record that we are granting opportunity to the petitioner notwithstanding his failure.

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Be listed after two weeks.

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VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ

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25-1-2011

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B. Narsinga Rao

Agnikula Kshatriya Sangham v. The Government of Andhra Pradesh

Case brief

What is this about?

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Agnikula Kshatriya Sangham v. The Government of Andhra Pradesh

Case brief

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