SRI KALIKA DEVI TEMPLE BHAJANA MANDALI TANDUR R R DISTRICT Vs. COMMISSIONER OF ENDOWMENTS GOVERNMENT OF A P

JUDGEMENT

(1.) Sri Kalika Devi Temple Bhajana Mandali, Tandur, Ranga Reddy District, represented by its Secretary, filed the present writ petition praying for the issuance of writ of Mandamus directing Respondent Nos. 1 to 3 to put 17 shops including the shops allotted to Respondent Nos.4 to 19 by public auction as per Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties (other than Agricultural Lands) Lease Rules, 1982, (hereinafter in short referred to as "Rules" for the purpose of convenience) and fix the rents and to pass such suitable orders.

(2.) Sri N. Vasudeva Reddy, learned Counsel representing the writ petitioner had taken this Court through the contents of the affidavit filed in support of the writ petition, the respective stands taken in the counter-affidavit filed by Respondent Nos. 1 and 2 and also the counter-affidavit filed by Respondent Nos. 12 to 19. The learned Counsel also would contend that the general rule is that leases of immovable properties of Hindu Religious Institutions and Endowments to be put by public auction, and allotments either by private negotiations or otherwise, even by Competent Authority, always would be an exception. The learned Counsel also had referred to the relevant rules, and placed strong reliance on Y. Satyanarayana v. Deputy Commissioner, Endowments, 1996 (1) ALD 941.

(3.) The learned Assistant Government Pleader for Endowments had taken this Court through the counter filed by Respondent Nos.1 and 2 and would maintain that in the facts and circumstances of the case, the Rules governing the field may have to be followed.