Medara Veeraiah vs The Manager
2023 Latest Caselaw 3134 Tel

          THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                            AND
            THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
                              Writ Appeal No.730 of 2010
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

        Heard Ms. Ch.Shravani, learned counsel representing

Mr. V.Raghunath, learned counsel for the appellants and

Mr. M.V.Hanumantha Rao, learned counsel for respondent No.1-

Sri Seetharamachandra Swamy Temple (briefly 'the Temple'

hereinafter).


2.      This intra court appeal is filed against an order

dated 19.07.2010, passed by a learned Single Judge, by which writ

petition viz., W.P.No.12969 of 2010, preferred by the appellants,

has been dismissed.


3.      Facts

giving rise to filing of this appeal briefly stated are that,

the appellants claim to be lessees in respect of agricultural lands

bearing Survey No.527/1 of Lingagiri Village, Huzurnagar Mandal,

Nalgonda District (briefly 'the lands' hereinafter), belonging to the

Temple. The rents due to the Temple were not paid by the

appellants. Thereupon, the leasehold rights of the lands for the ::2::

year 2010-2011 were put to public auction, which was held

on 29.05.2010. Challenging the aforesaid action of the Temple in

auctioning the leasehold rights of the lands, the appellants preferred

the aforesaid writ petition.

4. The writ petition preferred by the appellants has been

dismissed. In the writ petition, the learned Single Judge inter alia

held that the action of the Temple in auctioning the leasehold rights

of the lands cannot be held to be either arbitrary or illegal.

5. The leasehold rights of the lands were auctioned for the

year 2010-2011, which period has already lapsed. Therefore,

nothing survives for adjudication in the writ petition and the same

is, accordingly, dismissed as infructuous. No costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ ALOK ARADHE, CJ

_______________________ N.V.SHRAVAN KUMAR, J Date: 12.10.2023 LUR