GUPTA ENTERPRISES Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These two Writ Appeals by M/s. Gupta Enterprises, represented by its Managing Partner M.M. Gupta, Eluru and by its Manager K. Sreenivas respectively are directed against the common Judgment of the learned single Judge in W.P.No. 8589 of 2002 and W.P.No. 18868 of 2001 respectively. As both the appeals are interconnected, they were heard together and are being disposed of by this common Judgment.

(2.) We have heard Sri S. Ramachandra Rao, learned Senior Counsel appearing for the appellants in both the appeals and Sri E. Manohar, learned Senior counsel appearing for respondent - M/s. Srinivasa Enterprises as also the learned Government Pleader for Endowments.

(3.) Briefly noted, the facts leading to the controversy are as follows: The Executive Officer of Sri Varaha Lakshmi Narasimha Swamy Devastanam, Simhachalam, one of the respondents in both the writ petitions, issued a tender notification on 25-2-2001 for conduct of public auction on 14-3-2001 for collection of human hair submitted by the devotees to the Deity of Varaha Lakshmi Narasimha Swamy Temple for the period from 1-4-2001 to 31-3-2002. According to the tender notification, the interested bidders shall have to deposit an amount of Rs.15,00,000/- towards EMD by way of DD before participating in the tender proceedings. On the same day, auction was also proposed to be held for collection of graded variety of human hair received at the tonsuring place up to 31-3-2001 and for participation in this bid, the interested persons have to deposit an amount of Rs. 1,00,000/- towards EMD. It is stated that due to some administrative reasons, the auction could not take place on 14-3-2001 and the same was postponed to 29-3-2001 and the change of date of auction was published in the daily newspapers on 14-3-2001. According to the authorities, all the participants were informed through letters and telephonically. Accordingly, the auction took place on 29-3-2001 and in the said auction M/s. Srinivasa Enterprises, Eluru (Petitioner in W.P.No. 18868 of 2001) represented by its Managing partner K.K. Gupta became the highest bidder for Rs. 64.10 lakhs. It appears that the Executive Officer of the Temple sent his report dated 1-4-2001 to the Commissioner of Endowments, Hyderabad for approval of the same on 9-5-2001 as required under the rules. Alleging that the auction was conducted in haste, certain conditions of auction were arbitrary and there was delay in communicating about the postponement of the auction, M/s. Gupta Enterprises, Eluru (Petitioner in W.P.No. 8589 of 2002) and some others filed W.P.No. 9822 of 2001 on 14-5-2001 to set aside the report submitted by the Executive Officer. On 16-5-2001, this Court granted interim direction to the effect that the auction may be held but the same shall not be confirmed. It was also directed that "the Commissioner of Endowments may however take such action as is necessary for collection of human hair". It may be noted herein that by that time, the auction was already held. It appears that M/s. Gupta Enterprises pursuant to the auction also deposited Rs. 32.05 lakhs representing 50% of the bid amount.