UPPALA SURYANRAYANA MURTHY Vs. STATE OF A.P.

JUDGEMENT

(1.) This writ petition is instituted seeking a writ of mandamus for declaring the order passed on 7.4.2010 by the Deputy Commissioner of Endowments in OA No. 135 of 2007 as illegal and without jurisdiction.

(2.) An open site of 0.74 cts of land situate in Sy No. 82, Block No. 18, Chodavaram (V&M), Visakhapatnam District belongs to the 4th respondent - temple. With the consent and approval of the 4th respondent - temple, the father of the petitioner is stated to have constructed two shop-rooms thereon at his own expense for carrying on kirana business duly paying the agreed rent to the 4th respondent - temple. On 16.4.1996, the Chairman of the Trust Board of the 4th respondent - temple has executed a Lease Deed in favour of the father of the petitioner leasing out the said immovable property in question for a period of three years. Subject to payment of increased rents, the said lease period was extended from time to time. The father of the writ petitioner is stated to have died on 17.12.1999 and thereafter the petitioner succeeded to the possession of the shop rooms in question. Sometime during 1997, proposals were mooted for the sale of eleven (11) shops belonging to the 4th respondent - temple, including the two shops with which the petitioner is concerned, in favour of the existing tenants and for that purpose, the Commissioner of Endowments has constituted a Committee comprising of the Regional Joint Commissioner of Endowments, Multi Zone-I, the Deputy Commissioner of Endowments, Kakinada and the Assistant Commissioner of Endowments, Visakhapatnam. The Committee has recommended for sale of the shop rooms at the rate of Rs.900/- per sq yard in favour of the sitting tenants including the father of the petitioner. It is further averred that such proposals were pending approval of the Commissioner of Endowments Department. While so, the Commissioner of Endowments has approved grant of extension of lease in favour of the petitioner for a further period of three years commencing from 1.4.2002 up to 31.3.2005 at the enhanced rent of Rs.1150/- per month. On the premise that after the expiry of the extended lease period by 31.3.2005, the lessee is not entitled to continue in possession thereof, the 4th respondent has instituted OA No. 135 of 2007 before the Deputy Commissioner of Endowments, Visakhapatnam in terms of the provision contained under Section 83 of the Endowments Act. During the pendency of the OA, a sum of Rs.1300/- was demanded per month as damages for use and occupation of the premises. The aforesaid O.A was allowed by the Deputy Commissioner of Endowments, Visakhapatnam by his order dated 07.04.2010 directing the petitioner herein to vacate the petition schedule property and deliver vacant possession to the fourth respondent-Temple within fifteen days. It is this order which is under challenge in this writ petition.

(3.) Heard Sri P. Rajasekhar, learned counsel for the petitioner, learned Government Pleader for Endowments and Sri V.T.M. Prasad on behalf of the fourth respondent-Temple.