JADHAV SUBHASH RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed by two businessmen challenging the orders passed on 12-09-2013 by the Commissioner of Endowments, according permission to the Executive Officer of Sri Gnana Saraswathi Devasthanam, Basara Village, Mudhol Mandal, Adilabad District, for extension of licence for maintenance of a hotel / canteen on the upstairs of the shopping complex building of the temple for a period of three years, commencing from 01-09-2013 in favour of the existing tenant, on an enhanced licence fee of 100%, which amounts to Rs.30 lacs.

(2.) The case of the petitioner is that the 3rd respondent has been granted licence for carrying on the business for running a hotel / canteen on the upstairs of the shopping complex building of the temple for a period of three years, which drew to a close on 31-08-2013. A Notification, therefore, was issued by the Executive Officer of the Devasthanam on 06-08-2013 inviting sealed tenders-cum-open auction for running a hotel / canteen for a period of three years commencing from 01-09-2013 onwards. The tenderers are required to deposit earnest money in a sum of Rs.5 lacs in the form of a demand draft, drawn in the name of the Executive Officer of the Devasthanam and then, apply for tender schedule on or before 5-00 pm on 15-08-2013. The tender schedules would be furnished up to 5-00 pm on 18-08- 2013. Sealed tenders should be dropped into the box kept for the said purpose up to 10-00 am on 19-08-2013 and after conducting the open auctions, sealed tenders will be opened. However, the public auction could not be conducted on 19-08-2013 for a variety of reasons, including the protest made by the 3rd respondent for conducting the auctions without first the Commissioner of Endowments taking a decision on the representation said to have been submitted by him earlier seeking extension of his licence period by a further period of three years, subject to enhancing the licence fee by 33%. Since the auctions could not be conducted as proposed, the Executive Officer has drawn a detailed Report on 20-08-2013 and submitted the same to the Commissioner of Endowments. Acting upon this Report submitted by the Executive Officer of the Devasthanam, the impugned order was passed by the Commissioner of Endowments on 13-09-2013 granting extension of three more years to the sitting tenant subject to enhancement of the licence fee by 100%, inasmuch as the sitting tenant has agreed for enhancing the licence fee by 100%. It appears, the 3rd respondent has also paid the entire licence fee of Rs.30 lacs for the three year period.

(3.) Heard Smt. D. Padmavathi, learned counsel for the petitioners, learned Assistant Government Pleader for Endowments, Sri Ch. Satish Kumar, learned Standing Counsel appearing for the 2nd respondent Devasthanam and Sri M.V.Pratap Kumar, learned counsel for the 3rd respondent.