Andhra Pradesh High Court - Amravati
Ch.Venkatesh, vs Sri Bramaramba Mallikharjuna ... on 5 August, 2022
Bench: B Krishna Mohan
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: WP.No. 24276 of 2022
PROCEEDINGS SHEET
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1. 05.08.2022 BKM, J
W.P.No.24276 of 2022
Heard the counsel for the petitioners.
The grievance of the writ petitioners is
that the impugned public auction
notification, dated 25.07.2022 is issued
contrary to the directions of this Hon'ble
Court in W.P.Nos. 1727 of 2019 and batch,
dated 03.03.2022.
The counsel for the petitioners
submits that the petitioners have been doing
their business for the last so many years by
taking the shops from the respondent
No.1/Devasthanam on lease which are
situated in R.P Road and P.G Road of
Srisailam. While so, the respondent No.1
has come up with the construction of
Lalithambika Complex for accommodating all
these shop owners/lessees by way of shifting
subject to fixation of fair rent by the
respondent No.1 /Devasthanam in the
matter of allotment of shops in the newly
constructed Lalithambika Complex.
Whereas, some of the petitioners and
others filed earlier batch of writ petitions
before this Hon'ble Court and this court had
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an occasion to dispose of the same by a
common order dated 03.03.2022 giving a
workable formula for both the parties
concerned with positive directions as
mentioned in the operative portion of the said
Judgment which reads as follows:
19. In the light of the above, these writ
petitions are being disposed of with the
following directions:
A. The proceedings of the
Commissioner Endowments in
Rc.No.D2/14025(34)/18/2019, dated
26.09.2019 cancelling the auction of the
Leasehold rights of the 134 shops, in
Lalithambika Shopping Complex, held on
16.08.2019/18.08.2019 are set aside only to
the extent of the Petitioners in W.P.No.15516
of 2019 and W.P.No.18744 of 2019.
B. The 2nd respondent-temple shall
complete the construction of the additional 36
shops within a period of three months from
today, and thereafter, take up the allotment of
shops to the tenants, who are willing to vacate
their existing premises in the manner
mentioned.
C. The Executive Officer of the
Temple, subject to the approval of the
Commissioner, Endowments, after taking into
account the location and size of the shops,
and the requirement of getting the existing
tenants to shift to this complex, shall fix a fair
rent for the shops in Lalithambika Shopping
Complex.
D. After fixation of fair rent and after
all the 36 shops which are proposed to be
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constructed have been constructed and are
ready for occupation, the Executive officer
shall call upon the existing tenants of the 156
shops/ canteens/ structures and the 14
Godowns on Rathashala Post office road and
Patalganga Road, to give their willingness to
pay the rents fixed by the Executive Officer
within two weeks of the notice being given to
the said tenants. It shall also be open to the 5
existing tenants, who are also petitioners in
W.P.No.No.15516 of 2019 and
W.P.No.18744 of 2019, to either opt for the
shops they would be allotted as successful
bidders in the auction or to give willingness to
pay the rent fixed by the
nd
2 respondent and accept the shops that may
be allotted to them in the draw.
E. The existing tenants, who give their
willingness to take the shops, on the rent
offered by the 2nd Respondent temple, shall be
put in a list for the purposes of conducting a
draw.
F. The petitioners in W.P.No.15516
of 2019 and W.P.No.18744 of 2019 shall be
offered the shops for which they had given
their offers in the auction conducted on
16.08.2019 to 18.08.2019. They shall be given
one week's time to accept the said shops at the
rates they had quoted.
G. The 2nd Respondent shall, after
ascertaining the responses of the Petitioners in
W.P. No.15516 of 2019 and W.P.No.18744
of 2019 finalise the list of the shops that are
being allotted to the petitioners in No.15516
of 2019 and W.P.No.18744 of 2019.
H. After finalising the above lists, the
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2nd respondent shall prepare the list of shops
which are available for allotment to the
existing tenants and conduct a draw for the
allotment of these shops to the existing
tenants, who have given their willingness to
pay the rent fixed by the 2nd respondent.
I. The existing tenants shall be given
possession of the shops which are allotted to
them, in accordance with the Rules, only after
they hand over vacant possession of the
structure/premises which are in their
nd
possession to the 2 respondent.
J. All the said leases granted by the
Executive officer shall be for a period of three
years, commencing from the time the persons
are put in possession of the shops.
K. If any shops are still available after
the above exercise, the lease hold rights of
such shops shall also be auctioned,
in accordance with the Rules governing such
auctions.
L. All Non Hindus who are either
existing tenants or the petitioners in
W.P.No.15516 of 2019 and W.P.No.18744 of
2019, shall be permitted to participate in the
process. However, any allotment made to
these persons shall abide by the result of
SLP.(c).No.1989 of 2020 and C.C.No.881 of
2021.
The counsel for the petitioners
submits that this common order of the
Hon'ble High Court became final and the
respondent No.1 while implementing the
same has allotted earlier 24 shops for the
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earlier tenants/lessees in the new complex on
conducting a dip on 17.06.2022.
Now that, the respondent No.1 is
proceeding with the conducting of lease hold
rights by way of public auction for 109 shops
without constructing another 36 shops as
required and as directed by the Hon'ble Court
in the above said order,
if that is allowed to be proceeded with, the
shops presently available are not sufficient to
accommodate the present petitioners and as
well as the others, who may be participating
in the ensuing auction afresh tomorrow.
In view of the same, it becomes an
incomplete exercise and becomes a partial
implementation of the above said orders of
this court, dated 03.03.2022. Hence, unless
and until, the additional shops are
constructed as required and as directed by
this court, the whole exercise cannot be
completed fairly by the respondent No.1.
So far there are no attempts by the
respondent No.1 to construct additional
shops as required above. Without completing
the required number of shops to be made
ready for allotment, the 1st respondent is
proceeding with the impugned auction.
On the other hand, the learned
Standing Counsel submits that in pursuance
of the order passed by this court dated
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03.03.2022 only, the exercise has been started
not only for the 24 tenants who were allotted
shops in the new complex subject to
ratification by the Commissioner, but also for
the other existing tenants like petitioners and
others who may be the freshers to allot the
shops in the said new complex. But the
petitioners are not entitled for any allotment
as they have not participated in the DIP
procedure followed earlier.
In view of the above said rival
contentions it is to be seen whether the
petitioners are entitled or not for allotment in
the Lalithambika Complex as existing tenants
and the impugned auction prima facie appears
to be in violation of and non compliance of
the orders of this Court dated 03.03.2022 and
as such the same cannot be proceeded with at
this stage. Hence, the auction dated
06.08.2022 shall be stayed pending further
orders.
List on 02.09.2022.
In the meanwhile, the respondents
shall file their counter.
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BKM, J
P K R/YVK
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