Andhra Pradesh High Court - Amravati
Ch.Venkatesh, vs Sri Bramaramba Mallikharjuna ... on 10 November, 2022
Bench: B Krishna Mohan
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: W.P.Nos.23993, 24276, 24509 and
24570 of 2022
PROCEEDINGS SHEET
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10.11.2022 BKM, J
Heard the counsels for the
petitioners in W.P.Nos.24509 and 24570
of 2022. The counsels for the petitioners
in W.P.Nos.23993 and 24276 of 2022 are
not present.
Commonly, the learned counsel
appearing for Sri Bramaramba
Mallikarjuna Swamy Temple submitted
the arguments and sought for vacation of
the interim orders granted earlier in view
of the urgency to fill up the available
shops in Lalitambika Building Complex-
II in order to improve the conditions
around the temple as the roads and
surroundings have become congested to
carry out various activities in view of
Kartika Masam and celebration of
Kartika Deepotsavam. As lot of space is
required around the temple area for the
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religious/temple activities and to avoid
unnecessary stampids and the other
probable accidents, the Devasthanam
seeks to show an alternative arrangement
for these petitioners in a more better
livable condition ensuring safety of the
pilgrims and the others who involve in the
shopping/business activity near the
temple.
All these petitioners are the
existing tenants of Srisailam Devastanam
by running their respective businesses in
the old shops allotted to them for the last
so many years. Now that at the request of
the petitioners and the other interested
persons, the Devastanam has come
forward with the construction of
Lalitambika Building Complex No.I and
Lalitambika Building Complex-II to
accommodate all these tenants and the
new comers in the new buildings with
bigger accommodation/shops so as to
ease out/remove the congestion
prevailing in the existing shopping areas
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situated close by to the temple premises as
shown in the photographs.
The counsel appearing for the
Devastanam brought to the notice of this
court about the number of shops available
in the new building and the number of
tenants who are before this court.
According to it there are 239 shops in the
Lalithambika Building Complex-II and
170 sitting tenants. Out of them 30 shops
were allotted to Chenchu tribes, 24 shops
were allotted to the sitting tenants through
lucky dip dated 17.06.2022 and 40 shops
were allotted to some of the writ
petitioners who participated in the public
auction held in August, 2019 and the
remaining shops for allotment are 145
which can accommodate all the other
remaining petitioners also provided they
come forward with a reasonable proposal.
In order to accommodate all these
petitioners at one go, the Devastanam has
come forward with the following
proposals:
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1) To conduct lucky dip again as per the
directions of this court dated
03.03.2022.
2) To conduct auction of shops amongst
the petitioners only/sitting tenants
again
and
3) To conduct the public auction enabling
the sitting tenants also to participate
along with the others.
In the light of the same it is
directed that out of these above said three
modes of conducting and allotment of
shops, the petitioners can choose any one
of them so as to proceed further to
allocate these shops amongst the
petitioners by the Devastanam. In the
case of choosing any of these above said
methods to proceed with by the
Devastanam for allotment of shops,
the yardstick applied for the allotment of
the above said 24 shops and the above
said 40 shops can be taken into
consideration in respect of these
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petitioners also by following the judgment
of this court in W.P.No.5599 of 2019 and
batch dated 03.03.2022. To start the
above said exercise within four weeks
from the date of receipt of this order, all
the petitioners shall approach the
Executive Officer of the Devastanam to
negotiate and choose amongst the options
as indicated above. On consensus arrived
at, the respondent authorities would
proceed further and complete the exercise
of allotment of shops as indicated above
to the petitioners/tenants within three
months thereafter and the said
petitioners/tenants shall comply with the
formalities as required under the Rules
made under the Act 30 of 1987.
Accordingly, the interim order
granted earlier in any of these writ
petitions is modified to that effect.
Post these writ petitions after three
months for further hearing.
________
BKM, J
LMV
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