KODACHUR GANESH RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this batch of three writ petitions the Court is confronted with the classic dilemma-whether to strike down an order of the Government passed in breach of the principles of natural justice or to refuse relief on the ground that it would lead to the restoration of another illegal order.

(2.) Let us now briefly examine the facts. The matter relates to the lease of a property-about 300 Sq.yards of prime land situated quite opposite to the Secunderabad Railway Station-belonging to a Hindu Religious and Charitable Institution popularly known as 'Ravurivari Dharmasala', Regimental Bazaar, Secunderabad, which is governed by the provisions of the A.P, Charitable and Hindu Religious Institutions and Endowments Act, 1987 (herein referred to as 'the Act') and the rules made thereunder. In G.O.Rt.No. 1224, Revenue (Endts. II) Department dated 14-7-1997, the Government of Andhra Pradesh took a decision to accept the offer of P. Sankar Reddy (petitioner in W.P.No. 15332 of 98) in preference to the offer of one R. Subramanyam for lease of the said land without conducting public auction and directed the Commissioner, Endowments, to take necessary action in the matter accordingly. Questioning the said order, a member of the public, one K. Ganesh Rao by name, claiming to be a devotee interested in the said institution, filed W.P.No. 2017 of 98 by way of public interest litigation. Five other individuals, namely, B. Neeraja and 4 others claiming to be in occupation of a portion of the said land as tenants filed W.P.No. 3128 of 98 questioning the self-same order whereas P. Sankar Reddy, the person whose offer has been accepted by the Government, filed W.P. No. 15332 of 98 for implementation of the said order of the Government. The last writ petition was filed on 8-6-1998. Even before that date the Government issued orders in G.O.Rt.No. 633, Revenue (Endts. II) dated 24-4-1998 cancelling G.O.Rt.No. 1224 dated 14-7-1997. In view of this order, strictly speaking, all the three writ petitions have become infructuous and they do not survive. However, the petition in W.P. No. 15332 of 98 has filed an application for amendment being W.P.M.P.No. 21075 of 98 in W.P.No. 15332 of 98 questioning the validity of G.O.Rt.No. 633 dated 24-4-1998 on the ground that the same is illegal and without jurisdiction as the Government has no power to review or cancel the earlier order passed by it and it is also in violation of the principles of natural justice as it is passed without giving any notice or opportunity to the petitioner.

(3.) On the other hand, it is the stand of the petitioners in the two other writ petitions and also the stand of the official respondents that G.O.Rt.No. 1224 dated 14-7-1997 is itself illegal and void being in contravention of Rule 3 of the Immoveable Properties (Other than Agricultural Lands) Lease Rules, 1982, framed under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, which requires all the immoveable properties other than the agricultural lands owned by the Hindu Religious Institutions and Endowments should be leased out only by holding a public auction. Rule 3 of the said Rules reads as follows: