D VV NARASIMHA S O RAM NAIDU R O SIMHACHALAM VISAKHAPATNAM DISTRICT Vs. COMMISSIONER FOR ENDOWMENTS GOVERMENT OF A P HYDERABAD

JUDGEMENT

(1.) Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam, (hereinafter called, the Temple), issued a public auction notice, dt. 27-2-2003 proposing inter alia to auction right to collect fee from pilgrims for coconuts at Bhairavavaka, down-hills of Simhachalam Temple. The petitioner, who was successful bidder in the auction conducted on 8-1 -2003 for leasing out right to collect fee for coconuts, assailed the action of the Temple in re-auctioning the right as illegal and arbitrary.

(2.) The facts in brief leading to filing of the Writ Petition are as follows. The Temple conducted auction on 8-1-2003 for grant of licence to collect fee for coconut. The petitioner became successful bidder for one year. On the day of the auction he paid an amount of Rs.40,000.00 (Rupees forty thousand only). He was also required to pay the balance of amount of Rs.76,000.00 (Rupees seventy six thousand only) within fifteen days, as the bid was for Rs.1,16,000/- (Rupees one lakh sixteen thousand only). In the meanwhile, petitioner's mother died on 20-1-2003. Therefore, the petitioner could not pay the amount on 23-1-2003, which is last date for paying the auction amount. He alleges that he could not come out of his house before 26-1-2003, and on 26-1-2003 when he approached the Temple authorities and prepared to pay the amount of Rs.76,000.00 (Rupees seventy six thousand only), the second respondent refused to receive the same and also refused to give audience. The petitioner sent a representation on 15-2-2003 to the second respondent, but no action was taken. The Temple issued the impugned auction notice on 27-2-2003 proposing to hold auction on 12-3-2003. It is contended that the action of the second respondent Temple in re-auctioning the right to collect fee on coconuts is illegal and arbitrary.

(3.) The Temple has filed a counter affidavit stating that the Temple issued auction notice on 24-12-2002 to auction the right to collect fee for coconuts and ancillaries at Bhairavavaka, down-hills of the Temple. The petitioner along with others participated in the auction depositing an amount of Rs.25,000.00 (Rupees twenty five thousand only) towards Earnest Money Deposit (EMD) as per condition No.1 of the auction conditions. The petitioner became higher bidder for an amount of Rs.1,16,000/- - (Rupees one lakh sixteen thousand only) and his bid was accepted. The petitioner immediately paid an amount of Rs.15,000.00 (Rupees fifteen thousand only) towards 1/3rd of bid amount (Rs.25,000/- + Rs.15,000.00) as required under condition No.2. As per condition No.3 highest bidder has to pay balance of 2/3rd amount within fifteen days from the date of auction. Though the petitioner is aware of the said condition, which is mandatory, he did not pay the amount and in view of the same the auction in his favour stood cancelled automatically. The second respondent is not aware of death of mother of petitioner. But the fact remains that he failed to pay the amount of Rs.76,000.00 (Rupees seventy six thousand only) on or before last date. He made a representation only on 27-2-2003 requesting the Temple to receive the balance amount. In the meanwhile, on 27-2-2003 the impugned auction notice was issued for licensing twenty-seven items, including collection of fee for coconuts at Bhairavavaka, down-hills of Simhachalam Temple.