G KRISHNA MURTHY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) TIRUCHANUR village, popularly known as Alimelumangapuram, is a major Gram panchayat in Chittoor district and abode of Goddess Padmavathi @ Alimelumanga, the divine consort of Lord Venkateswara Swamy, known as Kaliyugadaivam. As tirupathi, the abode of Lord Venkateswara Swamy, is a popular shrine in the world, thousands and lakhs of pilgrims all over the world visit Tirupathi daily and as a sequel they also visit the temple of Alimelumanga i. e. , Goddess padmavathi, at Tiruchanur. As the said temple is situated in the Gram Panchayat of tiruchanur, the Gram Panchayat has been conducting auctions every year in respect of the leasehold rights of parking place of vehicles of pilgrims, who visit the temple. In that context several auctions have taken place. There is no dispute with regard to the above said facts.

(2.) IT is the case of the petitioner that for the year 2008-2009, third respondent - Gram Panchayat issued a Notification dated 15-02-2008, calling for the sealed tenders for the auction, in respect of a right to collect parking fees from the vehicles belonging to the pilgrims, other than the A. P. S. R. T. C. buses and Government vehicles, at Tourist Bus stand, daily Vegetable Markets and Toilet Complex. In the said auction dated 28-02-2008, petitioner was declared as the highest bidder for an amount of rs. 1,00,01,500/ -. As per the terms and conditions of the said Notification, petitioner had paid the required amount of Rs. 40,00,000/- before participating in the auction. Since the petitioner had paid the required amount and was declared as highest bidder, as per the terms and conditions of the Notification, fourth respondent - Panchayat Secretary issued proceedings dated 07-03-2008 directing the petitioner to pay the balance of Rs. 60,01,500/- within seven days i. e. on or before 15-03-2008. It is stated that as the petitioner failed to pay the balance amount of Rs. 60,01,500/- within the time stipulated, fourth respondent -Panchayat Secretary issued Notice dated 15-03-2008 informing the petitioner that the lease granted in favour of him is terminated and the amount of rs. 40,00,000/- was forfeited and deposited to the credit of the Gram Panchayat. Thereupon, the Panchayat Secretary issued another notification dated 18-03-2008, proposing to hold re-auction on 26-3-2008 from 3-00 P. M. onwards. The said action is under challenge in this writ petition.

(3.) WHILE ordering notice before admission, this Court, on 25-03-2008 directed the respondent authorities to proceed with the auction, but, however, not to finalize the said auction until further orders. The fifth respondent, who is one of the participants in the re-auction dated 26-03-2008, approached this Court and filed W. P. M. P. No. 10097 of 2008 seeking to implead him as respondent and the same was ordered by this Court by an order dated 11-04-2008. The fifth respondent also filed W. V. M. P. No. 1253 of 2008 seeking to vacate the aforesaid interim order dated 25-03-2008 stating that he is the highest bidder in the auction dated 26-03-2008 and will be the auction purchaser if the sale is confirmed.