L KANTA RAO Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) THE petitioner in both the writ petitions is the same. The subject matter of the writ petitions is the sale of Ac. 1. 81 cents belonging to 2nd respondent- Temple situate in R. S. No. 691 of Eluru town. The 3rd respondent representing M/s. Srinivasa Enterprises was the highest bidder in the public auction conducted on 24-6-1998 pursuant to the permission granted by the Government. The bid was knocked down in favour of 3rd respondent for Rs. 13. 01 lakhs per acre. The sale was confirmed by the Commissioner of Endowments (1st respondent) on 22-12-1998 in supersession of his decision taken earlier to cancel the auction and to hold re-auction.

(2.) THE 1st writ petition is filed seeking a declaration questioning the action of respondents 1 and 2 in proceeding to complete the sale pursuant to auction held on 24-6-1998 as illegal and arbitrary. It is the case of the petitioner that the land in question which is valuable and suitable for house-sites and commercial buildings, did not fetch fair price at the auction. The petitioner submits that the land will fetch not less than Rs. 30 lakhs whereas the 3rd respondent offered only Rs. 23. 54 lakhs. The petitioner offered to furnish guarantee for the amount of Rs. 30 lakhs and prayed for re-auction. The learned single Judge of this Court while admitting the writ petition on 5-1-1999 granted interim stay of further proceedings subject to the condition of the petitioner furnishing bank guarantee for a sum of Rs. 30 lakhs to the satisfaction of the 1st respondent within two weeks. It appears that the petitioner complied with the said condition. By an order dated 10-2-1999, the Commissioner cancelled the sale confirmation order "in view of the High Court orders" and directed re-auction keeping the upset price at Rs. 30 lakhs. No show cause notice was given to the buyer. Against this order, a revision petition was filed before the State Government (Endowments Department ). The Government by its order dated 8-3-1999 while calling for the remarks from the Commissioner, stayed the operation of the order dated 10-2-1999 pending consideration of the matter. Questioning this order of the Government, the 2nd writ petition is filed.

(3.) IT is seen from the file produced by the learned Government Pleader that in the light of the discussions the Commissioner had with the Government Pleader of the High Court, the Office order dated 10-2-1999 directing re-auction of the land was cancelled by issuing telegraphic instructions to the Executive Officer. The letter addressed to the Government Pleader is dated 11-3-1999. Though it is not clear from the record, evidently, the decision was taken to revoke the earlier order dated 10-2-1999 in view of the fact that the matter is subjudice.