BALLAPU SURESH Vs. KOLLI RAMA KOTESWARA RAO

JUDGEMENT

(1.) Aggrieved by the order passed by the learned single Judge in W.P.No.9603 of 2021 dtd. 7/10/2021, the present writ appeal is preferred under Clause 15 of Letters Patent by Appellants/Respondent Nos. 5 and 6, whereunder, W.P.No.9603 of 2021 was allowed by the learned Single Judge, setting aside the auction said to have been conducted on 26/4/2021 and all subsequent orders, confirmation of such auction by the endowment authorities. Consequently, Respondent Nos.5 and 6 were directed to handover possession of the land to the petitioners therein within two weeks from the date of receipt of the order, which the petitioners were entitled to take possession of the land with police assistance, in the event of resistance by Respondent Nos. 5 and 6.

(2.) The appellants herein were Respondent Nos. 5 and 6, Respondent Nos. 1 and 2 herein were the petitioners therein, Respondent Nos. 3 to 6 herein were Respondent Nos.1 to 4 in W.P.No.9603 of 2021. For the sake of convenience, parties will be referred as arrayed in the writ petition.

(3.) The petitioners (Respondent Nos. 1 and 2 herein) filed W.P.No.9603 of 2021 claiming writ of mandamus, declaring the action of the Respondent Nos. 2 and 3 therein in conducting the auction of leasehold rights in respect of land admeasuring Ac.3-00 cents and Ac.2-65 cents respectively situated in Sy.No.24 of Potharlanka Village, Kolluru Mandal, belonging to Sri Malleswara Swamy Temple, without renewing the leasehold rights in favour of the petitioners, without considering their representations dtd. 5/4/2021 and 22/4/2021 and without following due process of law, as illegal, arbitrary, unconstitutional and violative of settled principles of natural justice.