The court affirmed that the Commissioner has the authority under Rule 3(1) of G.O.Ms. No.866 to grant lease extensions for endowment properties without public auction, provided the interest of the institution is protected and the principles of natural justice are followed.

ORDER

Heard Smt. K.Hemalatha, learned counsel 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 Lakshmi Narasimha Swamy Devasthanam appearing on behalf of the respondent Nos.3 and 4.

2. The petitioner approached the Court seeking prayer as under:

“…to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS against the inaction of the Respondents in considering the representation made by the petitioner association on 28-07-2025, seeking for the extension of the Lease for 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 of justice and to pass....”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

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 area for several decades.

ii) Originally, about 113 shops belonging to the members of the petitioner association existed at Yadagirigutta (uphill area). In the year 2016, during the renovation and development of the temple, all the said shops were 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.

4. PERUSED THE RECORD:

A) The relevant portion of G.O.Ms. No.866, Revenue (Endowments-I ) Department, dated 08.08.2003 is extracted hereunder:

3. 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 otherwise 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.

DISCUSSION AND CONCLUSION:

5. Learned counsel appearing on behalf of the petitioner mainly puts forth the following submissions:

4.1 The petitioner so