M/ S. Sri Saila Veebhuti Lingeswara Trust v. Srisailam Bramarambika Millikarjuna Swamy Devasthanam,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.24119 OF 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the letter vide Rc.No.E1/3584/2015, dated 08.06.2017 is contrary to G.O.Rt.No.1287, dated 17.12.2015, which is illegal, arbitrary and violation of principles of natural justice apart from violation of Article 14 guaranteed under Constitution of India and consequently direct respondent No.1 to withdraw their letter Rc.No.E1/3584/2015, dated 08.06.2017, against the representation of petitioner."

2.

Case of the petitioner is that on its request, the Government officials have entrusted the responsibility of completing the restoration and development of all the works of the Panchamatams with its own funds to it and a Memorandum of Understanding was also entered into between the petitioner and respondent No.1. While so, respondent No.1 issued the letter bearing Rc.No.E1/3584/2015, dated 08.06.2017, informing the petitioner that respondent No.1 has decided to undertake the construction work on its own. Hence, the petitioner filed the present writ petition.

3.

Heard and perused the material available on record.

4.

Considering all the facts and circumstances of the case and the grievance of the petitioner, the order under challenge is directed to be kept in abeyance for a period of thirty (30) days to enable the petitioner to make its submission before the respondent authorities. Meanwhile, petitioner is permitted to approach the authorities and make a representation informing its intention to complete the restoration and development works of the Panchamatams and also the time frame within which it will construct the said Matams and on such representation being made, the authorities shall decide the issue in accordance with law. If the representation of the petitioner is not convincing and if the authorities are of the view that the petitioner may not proceed with the renovation works, it is left open to the authorities to take appropriate action in accordance with law.

5.

With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date : 21.07.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.24119 OF 2017 Date: 21.07.2017 AMD