ORDER:

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

“……to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in cancelling the license rights for preparation and sale of Panakam at UpHill of 3rd respondent temple subsisting the license of the petitioner till 20 10 2024 without issuing notice or affording opportunity as bad illegal arbitrary abuse of power void and violative of Articles 14 19(1) (g) and 21 of Constitution of India and violative of principles of natural justice and consequently direct the respondents not to interfere with the petitioners license hold rights for preparation and sale of panakam at Uphill of 3 rd respondent temple till completion of the license period and pass…”

2. The facts of the case are that the 3rd respondent temple has conducted auction on 04.10.2023 licence rights for preparation and sale of Panakam at Up-Hill of 3rd respondent temple for a period of One year from 21.10.2023 to 20.10.2024. The petitioner has become the highest bidders offering an amount of Rs. 1,11,69,999.90 ps. Immediately after the auction, the petitioner has paid the 1 year advance amount on 04.10.2023 itself. The license was approved in favour of the petitioner by the 2nd respondent vide proceedings in K.Dis.No.14021(34)/49/2023-D2/COE, dated 21.11.2023 for a period of one year from 21.10.2023 to 20.10.2024. Thereafter, the petitioner is doing business without any complaints and hindrance from any corner. It is further stated that, the competitors in business, who are boring grudge against the petitioner have uploaded a video in Social media complaining that the petitioner is selling panakam and other Pooja Items for Rs. 100/-. Basing on the said social media news, without even giving notice, without conducting enquiry, without affording opportunity to defend their case and without allowing the petitioner to cross-examine the witnesses and recording their statements, the petitioner’s license was cancelled. The said cancellation of licence is not even communicated to the petitioner, but released to the newspaper on 12.08.2024 and an article was also published that the petitioner’s contract is cancelled. As such, without ascertaining true and correct facts, cancelling the lease unilaterally, is illegal and arbitrary. Hence, the present writ petition.

3. Heard Sri D.V.Sasidhar, learned counsel appearing for the petitioner and Ms. P. Sudeepthi, learned Assistant Government Pleader of Endowments appearing for the respondents.

4. On hearing, learned counsel for the petitioner while reiterating the averments made in the petition, submits that, as per tender, the petitioner is permitted to sell panakam of 2 types i.e., jaggery and crystal sugar. All these issues will be explained to the competent authority, if the proper enquiry is being conducted, notice is to be given to the petitioner calling for explanation and after allowing the petitioner to cross examine the witnesses. But none of the above procedure was done, mechanically cancelled the contract of the petitioner, which is subsisting till 20.10.2024. Learned counsel further submits that, the impugned proceedings are not even served on the petitioner by the respondents as on today, but surprisingly the same was released to print media. He further submits that, now if the petitioners are thrown out of the shop basing on frivolous complaint, the petitioners will deeply drowned into the troubles and financial crisis, as they have expended huge amounts, which were gathered by hand loans on interest basis, unless this Hon’ble Court interfere to protect their interest, the petitioner is put to irreparable loss and injury. He further submits that the petitioners are in possession and continuing in their shop and purchased the raw material for further period of 2 months. But under the guise of un-served cancellation orders, now the Executive Officer is p