S.Prasad v. Sri Lakshmi Narasimha Swamy Devastanam

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ******** WRIT PETITION NO.24272 of 2015 Between :

S. Prasad, S/o.Venkateswarlu, Aged about 23 yrs, R/o.Ahobilam Village, Allagadda Mandal, Kurnool District.

.. Petitioner and Sri Lakshmi Narasimha Swamy Devastanam, Ahobilam Village, Allagadda Mandal, Kurnool District, Rep., by its Executive Officer & others.

.. Respondents DATE OF JUDGMENT PRONOUNCED : 04.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO

1. Whether Reporters of Local Newspapers : Yes / No may be allowed to see the Judgments ?

2. Whether the copies of judgment may be : Yes / No marked to Law Reporters/Journals

3. Whether Their Lordship wish to : Yes / No see the fair copy of the Judgment ?

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24272 of 2015 ORDER :

The petitioner challenges the auction notification issued by the 1st respondent-temple of four shops to be located within the jurisdiction of the 1st respondent.

The petitioner challenges conducting of said auction on the ground that the land on which the shops are proposed to be established do not belong to the 1st respondent and therefore, the 1st respondent cannot conduct any auction. Learned counsel for the petitioner also contends that the space where shop is to be located is not specified in the notification and therefore, it is difficult for the petitioner to participate in the auction.

2 .

Admittedly, as seen from the averments in the affidavit filed in support of the writ petition, the petitioner is not the person who is holding a shop at the place where the present auction is proposed. Whether the land belongs to the temple or the Government, is an issue between the temple authorities and the Government and petitioner being a stranger to the said issue cannot contest the same.

3.

Learned Standing counsel on instructions, submits that auction is scheduled to be held today and before commencement of the auction proceedings, the spots where the four shops proposed to be established will be notified and the persons interested can participate in the auction according to

identification of spots.

Thus, the principal grievance of the petitioner regarding the vagueness of notification stands attended to. Therefore, I see no merit in the writ petition.

4. Accordingly the Writ Petition is dismissed leaving it open to the petitioner to participate in the auction scheduled to be conducted today or any other date. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed.

__________________ P.NAVEEN RAO,J 04th August, 2015.

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