Telangana High Court
Golla Manmadha Rao vs The State Of Telangana on 28 March, 2025
1
THE HON'BLE SRI JUSTICE E.V. VENUGOPAL
WRIT PETITION No.36521 OF 2024
O R D E R:
This Writ Petition is filed under Article 226 of Constitution
of India seeking the following relief/s:-
"... to issue Writ, order or Direction more particularly one in the nature of Writ
of Mandamus, declaring the arbitrary action of the respondent No.3 in passing
impugned orders vide Rc.No.A5/254/2022, dated 21.10.2024, cancelling the
petitioner's license rights for maintenances of 'Sri Rama Nilayam Choultry'
granted from 16.01.2023 to 15.01.2026 (Three years), based on the Hon'ble
High Court orders passed in W.A.No.1196 of 2023 dt.03.10.2024, and opposed
to orders passed in W.P.No.19322 of 2023 dt.10.11.2023, is without
jurisdiction and with a malafide intention, also beyond the scope of notice and
final notice dt.22.06.2023 & 08.07.2023 and without considering the
petitioner's explanation dt.11.10.2024 is illegal, void and opposed to articles
14, 19, 21 & 300-A of Constitution of India, including opposed to rules as per
The (Telangana) Charitable and Hindu Religion Institution and Endowments
immovable properties and other rights (Other than Agricultural Lands) Leases
and Licenses Rules, 2003 and consequently to direct the 3rd respondent to
set-aside the impugned orders dt.21.10.2024 and to direct the 3rd respondent
to handover the licensed premises in question to the petitioner herein till
completion of the entire lease period or alternatively to grant relief as per
condition no.17 of the tender notification by returning the amounts collected
from the petitioner along with interest by directing the 1st respondent to take
departmental action against the 4th respondent in misusing the powers by
playing fraud and discharging the functions beyond permissible under law, and
to pass such other order or orders ..."
2. Heard Mr.Mummaneni Srinivasa Rao, learned counsel for
the petitioner and Mr.Mangilal Naik, learned Government Pleader
for Endowments appearing for respondent Nos.1 and 2, Mr.Vidya
Sagar, learned senior counsel representing Mr.Sai Prasen
Gundavaram, learned counsel for respondent No.3 and Mr.P.Giri
Krishna, learned counsel for respondent No.4.
3. The brief facts of the case are that respondent No.3-Temple
had invited tenders for grant of license for a period of three years
for maintenance of Sri Rama Nilayam Choultry by calling tenders
on 09.12.2022; that the petitioner was the highest bidder and
the entire auction amount was paid to respondent No.3.
Respondent No.3 sent a proposal to respondent No.2 for grant of
license in favour of the petitioner for a period of three years.
Respondent No.2 approved the auction proceedings. It is stated
that respondent No.3 upon obtaining agreement from the
petitioner on 01.05.2023, requested the petitioner to pay rent of
Rs.11,40,000/-; that Rs.4,50,000/- was already paid by the
petitioner which was received by respondent No.3 and the
remaining amount was directed to be paid within six months.
Respondent No.3, without issuing any agreement, in favour of the
petitioner, with a mala fide intention to take steps for
cancellation of license, basing on vague allegations, highhandedly
issued notice dated 22.06.2023 in connection with cancellation of
petitioner's license; that the petitioner had submitted his detailed
explanation but without conducting any enquiry, respondent
No.3 issued final show cause notice dated 08.07.2023 as per the
Condition No.17 of the Tender Conditions. Subsequently, the
petitioner's license was cancelled on 20.07.2023. Aggrieved by
the same, the petitioner preferred W.P.No.19322 of 2023 before
this Court. Vide order dated 10.11.2023 in W.P.No.19322 of
2023, the Writ Petition was allowed and the proceedings dated
20.07.2023 passed by the Commissioner of Endowments,
Hyderabad cancelling the petitioner's license were set aside.
Assailing the same, the Endowments Department preferred an
Appeal.
4. The Hon'ble Division Bench of this Court vide judgment
dated 11.10.2024 in W.A.No.1196 of 2023 disposed of the Appeal.
The operative portion of the said judgment is extracted as
hereunder:-
"10. Therefore, in the facts and circumstances of the case, it is
directed that respondent No.1 shall file a reply to the final show
cause notice dated 08.07.2023 issued by the appellant within a
period of two (02) weeks from the date of receipt of copy of the
order. Thereafter, the competent authority of the appellate-temple
shall adjudicate the issue whether or not respondent No.1 has
committed violation of the terms and conditions of the tender and
shall take a fresh decision within a further period of three (03)
weeks from the date of receipt of the reply to the show cause
notice dated 08.07.2023, if any, which may be submitted by
respondent No.1. It is made clear that this Court has not
expressed any opinion on the merits of the matter.
11. To the aforesaid extent, the order dated 10.11.2023 passed
by the learned Single Judge in W.P.No.19322 of 2023 is modified.
12. In the result, the Writ Appeal is disposed of".
5. Learned counsel for the petitioner submits that the
petitioner is not afforded an opportunity of hearing and without
conducting an enquiry, respondent No.3 had passed the
impugned order, which is abuse of process of law. Therefore, he
seeks to allow this Writ Petition.
6. Learned senior counsel appearing for respondent No.3, by
filing counter affidavit, contends that the petitioner, in his
explanation dated 26.06.2023, clearly accepted that he has
neither paid the ESI and PF dues nor remitted the GST as paid
by the guests to the Department/authorities. Therefore, keeping
in view the irregularities committed by the petitioner, the
respondent authorities have cancelled the license granted to the
petitioner, to run the choultry. Hence, he seeks to dismiss this
Writ Petition.
7. Learned counsel for respondent No.4 concedes to the
submissions of learned counsel for respondent No.3.
8. Having regard to the submissions of all the learned counsel,
upon perusing of the judgment dated 11.10.2024 passed by the
Hon'ble Division Bench of this Court in W.A.No.1196 of 2023 and
on careful scrutiny of the material available on record, this Court
is of the opinion that as per Condition No.17 stipulated under the
Conditions for Public auction to be held at the Office of the
Executive Officer at 11:00 A.M. on 09.12.2022, "the Executive
Officer has full authority to modify the license for future
development of the temple and to suspend the license midway or
reduce the time limit as necessary for the convenience of the
devotees. Only those who agree to these conditions are eligible to
participate in the song. In case of mid-term suspension of the
license, the remaining amount will be refunded as per the
elapsed license period". But in the case on hand, it is seen that
the said refund is not made to the petitioner. Therefore, the
petitioner is directed to submit an application to respondent No.3
seeking refund of the amount. On such application, the
respondent No.3 shall consider the same and pass appropriate
orders, in accordance with law.
9. With the above direction, the Writ Petition is disposed of. No
costs.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________
E.V. VENUGOPAL, J
Date: 28.03.2025
ESP
THE HON'BLE SRI JUSTICE E.V. VENUGOPAL
WRIT PETITION No.36521 OF 2024
Date: 28.03.2025
ESP
