Citation : 2021 Latest Caselaw 3152 AP
Judgement Date : 24 August, 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
(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.
3 HCJ & NJS,J
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
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