Andhra Pradesh High Court – Amravati
G Vijaya Kumar vs The State Of Andhra Pradesh on 18 February, 2025
APHC010079552025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 4064/2025
Between:
G Vijaya Kumar ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. PALLA BALU ANIL KUMAR
Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS
The Court made the following:
ORDER:
–
This petition is filed under Article 226 of the Constitution of India for the
following relief:-
“…pleased to issue Writ, Order or Direction more
particularly one in the Nature of Writ of Mandamus declaring
the Action of the Respondent No.3 in conducting the auction
on 15.02.2025 for the shop no.17/231-B of Sri Kalikamba
Chandrasekhar Swamy Devasthanam, Nandyala Town and
Nandyala District without eviction notice, without following
due process of law and without considering the
representation of the petitioner is highly illegal, arbitrary,
unconstitutional apart from violative of Principles of Natural
Justice and also violative of Articles 14, 21 and 226 of
Constitution of India consequently to direct the respondents
to continue the petitioner shop no.17/231-B of Sri
2Kalikamba Chandrasekhar Swamy Devasthanam, Nandyala
Town and Nandyala District and pass …..”.
2. The case of the petitioner in brief is that the petitioner has been a
tenant of Shop No.17/231-B located within the premises of Sri Kalikamba
Chandrasekhar Swamy Devasthanam, Nandyala for over 25 years. Initially,
the shop was leased to the petitioner’s father and later it was transferred to
the petitioner’s name. The shop has been used for running a rice retail
business under the name “Sri Anusha Traders” which has gained goodwill in
Nandyala. Over the years, the petitioner has invested in repairs and
maintenance including roof plastering, at the request of the temple authorities
and he has also been paying a monthly rent of Rs.11,100/- and has no
outstanding dues. On 20.06.2024, the 3rd respondent temple issued an open
auction notice to lease out four shops, including the petitioner’s without
issuing a termination notice. The petitioner submitted a representation on
19.06.2024, requesting the renewal of the lease, but the same was not done.
The petitioner has also approached this Court vide W.P.No.14270 of 2024 and
this Court has passed an interim order on 09.07.2024, directing the
respondents not to take any coercive steps regarding the property until further
hearing. However, the case was not listed thereafter.
Pending the said writ petition, on 10.02.2025, the petitioner came
to know by way of pamphlet that the temple authorities scheduled another
auction for 15.02.2025. The petitioner immediately submitted a representation
on 11.02.2025, requesting the authorities to postpone the auction until the
3
Court decide the pending case and to consider extending the lease for three
(03) more years. The petitioner even expressed willingness to pay enhanced
rent as per market rates, but the temple authorities are proceeding with the
auction. Aggrieved by the same, the present writ petition is filed.
3. Heard Mr. Balu Anil Kumar Palla, learned counsel for the
petitioner and learned Government Pleader for Endowments appearing for the
respondents.
4. On hearing, learned counsel for the petitioner submits that
instead of renewing the licence of the petitioner’s shop, respondent No.3 is
trying to evict him to let out to the third parties and the petitioner even
expressed willingness to pay enhanced rent as per market rates. But however,
the open auction scheduled to be fixed on 15.02.2025 at 10.00 AM and the
respondent No.3 is seeking to evict the petitioner. Hence, the learned counsel
for the petitioner requests to pass appropriate orders.
5. Learned Government Pleader for Endowments has produced a
copy of the instructions of the respondent No.3-Executive Officer, wherein it is
stated that the auction was postponed and they are going to take steps for
evicting the petitioners from the Shop No.17-231-B.
6. Considering the submissions of learned counsel for the petitioner
and the learned Government Pleader, this Court is inclined to dispose of the
writ petition with the following directions:-
4
(i) if the respondents intend to vacate the petitioner from the subject
premises, the respondents shall follow due process of law by issuing notice to
the petitioner.
(ii) if at all, the respondents have already issued notice to the
petitioner, the petitioner is directed to submit explanation to the said notice.
(iii) on receipt of such explanations, the respondents are directed to
pass appropriate orders in accordance with law.
It is made clear that if the respondents are being conducted any
auction, liberty is granted to the petitioner to participate in that auction.
7. With the above directions, this Writ Petition is disposed of. There
shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand
closed.
________________________
DR. K. MANMADHA RAO, J.
Date: 18.02.2025
SCS
5
231
HON’BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION NO: 4064/2025
Date: 18.02.2025
SCS
