ORDER:

Heard learned counsel for the petitioner and Sri A. Sumanth, learned standing counsel for Tirumala Tirupati Devasthanam (TTD), appearing for respondent Nos.3 and 5.

The case of the petitioner, in brief, is that he is the Ex-Chairman of the 4th respondent temple. The 3rd respondent constructed a Kalyana Mandapam in Mydukuru town and leased out the same to the 4th respondent temple on a fixed lease amount of Re.1/- per annum for the period from 09.03.2019 to 08.03.2022 vide proceedings dated 11.01.2019. Due to Covid-19 pandemic, the 4th respondent temple is unable to bear the expenses for performing daily poojas and to pay salaries to its employees, without the income derived from the Kalyana Mandapam. While so, the 3rd respondent issued a letter dated 19.02.2022 to the 4th respondent directing to handover possession of the Kalyana Mandapam to the Manager, TTD Group Kalyana Mandapams, Kadapa on 09.03.2022 without fail, since the lease period of three years was completed. The petitioner submitted a detailed representation dated 26.02.2022 to the 3rd respondent seeking to consider the present situation of the 4th respondent temple and extend the lease period for a further period of three years, but no action is taken by the 3rd respondent so far. Hence the writ petition.

Learned standing counsel for TTD submits that the 3rd respondent is the absolute owner of the Kalyana Mandapam and as the lease period of the Kalyana Mandapam is expiring today, the 3rd respondent took a decision to go ahead with the auction for leasing out the Kalyana Mandapam to get more income. He contended that if the petitioner is aggrieved by such proposed auction, he may avail the alternative remedy by way of filing an appeal to the TTD Board under Section 120 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

At this stage, learned counsel for the petitioner submits that the petitioner has also submitted a representation dated 26.02.2022 to the 3rd respondent seeking to extend the lease period for a further period of three years and the same may be considered as an appeal and respondent Nos.3 and 5 may pass appropriate orders thereon, in accordance with law.

In view of the submissions made by the learned counsel for the parties, the writ petition is disposed of with a direction to respondent Nos.3 and 5 to treat the representation of the petitioner dated 26.02.2022 as an appeal and pass appropriate orders thereon, after affording an opportunity of personal hearing to the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. Till disposal of the appeal, status-quo obtaining as on today shall be maintained by both parties with regard to delivery of possession of the subject Kalyana Mandapam. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

____________________________________ VENKATESWARLU NIMMAGADDA, J

7th March, 2022 cbs HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA Writ Petition No. 5658 of 2022

7th March, 2022 cbs