Sri Lakshmi Narasimha Swamy Warthaka Welfare Sangam vs. The State Of Telangana

The Draver as nder: 3 he ft t t ne sN'., he ner "...to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS against the inaction of the Respondents in considering th-e representation made by the petitloner association on Z8-Ol -ZOZ5, seeking for the extension of the Lease ior the shops situated at Yadagirigutta (up hills)' Yadadri- Bhuvanagiri District, as being illegal, arbitrary and unconstitutional, and pass such other order or orders as this Honble Court may deem fit and proper in the interest ofjustice and to pass. '." e et tn e in t e affidavit filed bv the titio av rmen sma rns o ft re n P n i) The petitioner society i'e', Sri Lakshmi Narasimha Swamy Warthaka Welfare Sangham, was formed for the welfare of shopkeepers at Yadagirigutta and consists of members who have been carrying on business in the temple a rea for several decades. ii) Originally, about 113 shops belonging to the members ofthepetitionerassociationexistedatYadagirigutta(uphill area). In the year 2016, during the renovation and development of the temple, all the said shops were W.P.No.14913 of 2O26 demolished. Subsequently, only 10 shops were constructed and allotted to the petitioner association. iii) The petitioner association has been granted lease of the said shops from time to time, and the last lease was extended from 01.06.2023 to 31.05.2026 on payment of lease amount. Prior to expiry of the lease, the petitioner association submitted a representation dated 28.07.2025 seeking extension of lease in terms of G.O.Ms. No.866, Revenue (Endowments-I) Department, dated 08.08.2003. However, the respondents have not passed any orders till date. Aggrieved by the same/ the petitioner approached this Court by filing the present writ petition.

PERUSED THE RECORD: A) The relevant oortion of G.O.Ms. No.866, Revenue (Endowments-I) Deoartment, dated O8,O8.20O3 is extracted hereunder:

All leases of licenses shall be made by way of public auction:-(1)Provided that the Commissioner may on a request made in Writing by the Executive Authority permit the lease of any property or right other wise than by way oF public auction. If he is satisfied for reasons to be recorded in writing that the interest of the institution or endowment will not suffer thereby. He may grant permission to such executive authority to grant a lease otherwise than by way of public auction. (2) The public auction shall be held at the place where the properties are situated or right exists: Provided that the competent authority may; if he is satisfied that in case the holding of auction at a place other than the one in which the properties proposed to be licensed are situated, will not be detrimental to secure a proper bid or will be held to secure a better bid or to thwart local collusion among the bidders, permit such auction but auction shall be held, in a district other than the one in which the property is situated. DTSCUSSION AN D CONCLUSION: 5 ear counsel a earrn n ner ainl submissions: f h 'I TI

1 The petitioner society was registered vide Registration No.2370l1989.

2 For the past 50 years, the members of the petitioner society and their family members have been running authorized shops at Yadagirigutta (uphill area)

3 The latest lease deed was extended from 01.06.2023 to 31.05.2026 for an amount of Rs.12,00,000/- (Rupees Twelve Lakhs only), excluding GST.

4 Though the petitioner association submitted a detailed representation dated 28.07.2025 seeking extension of the lease on the existing terms, in accordance with G.O.Ms. No. 866, dated 08.08.2003, particularly Rule 3(1), which provides that the Commissioner may, on a request made in writing by the Executive Authority, permit the lease of any propefty otherwise than by way of public auction, if the Commissioner is satisfied, for reasons to be recorded in writing, that the interest of the institution or endowment will not suffer thereby, he may grant permission to such executive Authority to grant a lease otherwise than by way of Public Auction but, no orders had been passed on the said representation of the petitioner as on date

5 The members of the petitioner association have been deriving their livelihood from the said shops for the past five decades, and the same is their only source of income.

6 The Executive Authority of the subject Temple in the present case recommended petitioner's case for extension of lease for a further period, duly complying with the mandatory requirement under Rule 3(1) of G.O.Ms.No.B66, Revenue Endowment-I, Dept., dated 08.08.2003 Based on the aforesaid submissions, learned counsel apDearinq on behalf of the Detitioner contends that the petitioner is entitled to the relief as ra ed for the iti ner I the s n wn r petition.

Learned Government Pleader for Endowments appearing on behalf of the respondent Nos.1 and 2, however disputes the submissions oF the learned counsel appearing on behalf oF the petitioner and contends that it is 't T] n w.P.No,14913 of 2026 for the respondent No.2 to take appropriate decision in the matter.

The learned Government Pleader for Endowments appearing on behalf of respondent Nos. 1 and 2 and the learned Standing Counsel appearing on behalf of respondent Nos. 3 and 4, do not dispute the legal position or the powers of the Commissioner to act upon a request made in writing by the Executive Authority for granting lease of any property or right otherwise than by way of public auction, in the interest of the institution or endowment. 8 TAKING INTO C NSIDERATION: a) The aforesaid facts and carcumstances of the case, b) The submissions made by the learned counse! appearing on behalf of the petitioner, the learned Assistant Government Pleader for Endowments appearing on behalf of the respondent Nos.1 and 2 and the learned Standing Counsel for Sri

The Commissioner of Endowments, Boggulkunta, Hyderabad._500001

The Executive Officer, Sri Lakshmi Narasimha Swamy Devasthanam, Yadagirigutta, Yadadri- Bhuvanagiri District.

The Executive officer, Sri Lakshmi Narasimha Swamy Devasthanam, Yadagirigutta, Yadadri- Bhuvanagiri District

One CC to SRI K HEMALATHA, Advocate IOPUC]

One CC to SRI CH. SATISH KUMAR, SC FOR SRt LAKSHMT NARASTMHA SWAIVY DEVASTHANAI\,4, Advocate [OPUC]

Two CCs to GP FOR ENDOWMENTS, High Court for the State of Telangana, at Hyderabad [OUT]

Two CD Copies PVL,'PVL r.C{ -