K PEERAREDDY Vs. COMMISSIONER OF ENDOWMENT AP HYDRABAD

JUDGEMENT

(1.) The appellant is the plaintiff, who filed O.S. No.42 of 1989 before Additional Subordinate Judge, Tirupathi, seeking a declaration that he is entitled to entire stock of old wooden material stipulated in notice dated 3-1-1983 and auction conducted on 25-1-1983 and further direction to deliver the entire stock. The suit was dismissed.

(2.) The facts necessary for disposal of the appeal may be stated thus: The respondent-Endowment Department issued notice dated 3-1-1983 proposing to auction the wooden material like beams, doors, windows etc., pursuant to the demolition of certain buildings belonging to Sri Hathiramjee Mutt and the auction was fixed on 25-1-1983. One of the conditions of auction is that each intending bidder participating in the auction has to deposit a sum of Rs.1,000/- towards initial deposit and further deposit one-third of the auction amount on bid being accepted. The plaintiff submitted the highest bid by quoting at Rs.20,000/- and the same was accepted and thus, he deposited a sum of Rs.5,000/- and the balance was deposited after the auction was confirmed by the first defendant. One of the conditions of the auction was that the third defendant auctioning authority has to obtain permission from T.T. Devasthanams to transport the wooden material from Tirumala to Tirupathi through toll gate, which was not done and hence, the plaintiff has not paid the balance amount.

(3.) While so, it is alleged that a petition was sent to first defendant to defer the auction, which was sent to second defendant, who has not taken any action. The first defendant confirmed the auction, but the second defendant seized the stock, which was auctioned. The plaintiff filed the writ petition seeking release of the stock and the writ petition was disposed of giving liberty to him to file civil suit seeking items mentioned in the auction notice.