JAMPALA SAILU Vs. COMMISSIONER ENDOWMENTS DEPARTMENT HYDERABAD

JUDGEMENT

(1.) A short question as to interpretation of Rule 10 read with Rule 12 of A. P. Charitable and Hindu Religious Institutions and Endowments Immovable and Other Rights (other than Agricultural Lands) Leases and Licences Rules, 2003 arises for consideration in this writ petition.

(2.) The petitioner is a barber. It appears, during Sankranthi festival a large number of devotees visit Sri Mallikarjunaswamy Devasthanam in Inavolu village and get the head tonsured. The petitioner claims to be one of the barbers attending to the same. In 1999-2000 it was decided to auction the right to collect the hair obtained by tonsuring the heads. The remuneration for barbers were fixed from out of the sale proceeds of tickets for tonsuring. The petitioner participated in the action and offered to pay Rs. 11.300.00 (Rupees Eleven thousand three hundred only). Auction was conducted on 27-12-2000 when the petitioner became highest bidder quoting Rs. 40.200.00 (Rupees forty thousand two hundred only). However, the offer was rejected. Again on 1-11-2001 the respondents auctioned the right to collect human hair for the period from 1-1-2002 to 31-12-2002. The petitioner offered Rs. 2,40,000.00 (Rupees Two lakhs four thousand only). He states that he became highest bidder, but sustained loss and therefore, if a lease is granted for a further period of three years, he will be able to recover the loss. Therefore. ,he made a representation to the Commissioner on 16-12-2002 without any response.

(3.) A further auction notice was issued on 16-11-2002 for the period from 1-1-2003 to 31-12-2003. Contending, that the said auction is not in accordance with the Rules, the petitioner filed W.P. No. 23892 of 2002. This Court in W.P.M.P. No. 29998 of 2002 passed interim orders on 29-11-2002 not to finalize the auction. The writ petition is pending. Though the application moved by the third respondent for vacating the interim order was rejected, the third respondent filed another W.P.M.P. No. 33701 of 2003 seeking permission to conduct fresh auction for the period from 1-1-2004 to 31-12-2004. The said application was allowed on 23-12-2003 by this Court and accordingly, the third respondent issued impugned auction notice dated 24-11-2003 proposing to auction the right to collect human hair for the period from 5-1-2004 to 4-1-2005. This auction notice is assailed in this writ petition.