IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No. 532 of 2021
(Taken up through video conferencing)
N. Naga Raju, S/o. N. Venkataramana,
aged about 34 years, R/o. D.No.26-4-907,
Santhinagar, Gajulaveedhi, Hindupuram,
Ananthapur District. .... Appellant
Versus
The State of Andhra Pradesh,
Endowments Department,
Secretariat, Velagapudi, Amaravathi,
rep. by its Principal Secretary and others. .... Respondents
Counsel for the appellant : Mr. V. V. N. Narayana Rao Counsel for respondent Nos. 1 and 2 : Government Pleader for Endowments Counsel for respondent No.3 : Mr. G.Ramana Rao ORAL JUDGMENT Dt.24.08.2021 (Per Arup Kumar Goswami, CJ) Heard Mr. V. V. N. Narayana Rao, learned counsel for the appellant/writ petitioner. Also heard Ms. P. Rajani, learned Government Pleader for Endowments, appearing for respondent Nos.1 and 2, and Mr. G. Ramana Rao, learned standing counsel for respondent No.3.
2. This writ appeal is presented against the order dated 06.08.2021 passed by the learned single Judge dismissing W.P.No.14316 of 2021. The writ petitioner challenged a tender notification issued for conducting auction for collection of 2 HCJ & NJS,J W.A.No.532 of 2021 human hair to be held on 26.07.2021 in respect of Sree Penusila Lakshmi Narasimha Swamyvari Devasthanam (respondent No.3 herein). It is the contention that the lease period of the writ petitioner was not extended equivalent to the period of stoppage of darshanams and collection of human hair activity, in terms of the memo No.B3/12/1/2021 dated 21.01.2021 issued by the 2nd respondent.
3. The writ petitioner had become a successful bidder for an amount of Rs.1,35,00,000/- for the right to collect human hair offered by the devotees for a period of one year commencing from 01.04.2020 to 31.03.2021 in the auction held by respondent No.3-Devasthanam on 05.02.2020.
4. It is stated in paragraph 4 of the writ petition that due to Covid-19 pandemic, the temples in the State of Andhra Pradesh were closed from 22.03.2020 and they were opened in the month of October, 2020 including respondent No.3- Devasthanam.
5. By the aforesaid memo dated 21.01.2021, Executive Officers of various cadres were asked to submit proposals to the respective administrative authorities for issuance of orders for extending lease/license period equivalent to the period of stoppage of darshanams and concerned activities in the respective temples in view of Covid-19 on the same license fees without any additional payment for such period.
6. Mr. V. V. N. Narayana Rao, learned counsel for the writ petitioner, submits that the writ petitioner was not granted any extension and the learned single Judge failed to consider this aspect of the matter.
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W.A.No.532 of 2021
7. The learned single Judge held that period of extension up to 10.06.2021 across all the temples had been granted.
8. If the writ petitioner was not allowed to operate after 31.03.2021, it is not understood why immediately recourse was not taken to this Court assailing that the lease period of the writ petitioner was not extended in terms of the memo dated 21.01.2021. That apart, it is the admitted position that as on today, a sum of Rs.62,00,000/- as licence fee is still due to respondent No.3-Devasthanam from the writ petitioner.
9. In the circumstances as noticed, we are of the considered opinion that no interference is called for with regard to the order under challenge.
10. Accordingly, the writ appeal is dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
CBS/BLV
4 HCJ & NJS,J
W.A.No.532 of 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA WRIT APPEAL No.532 of 2021 24th day of August, 2021 CBS/BLV