Anjamma vs Government Of Telangana

This writ petition is filed for issue of writ of Mandamus to set aside the auction notice dated 05.05.2021 issued by the 5th respondent to auction the

leasehold rights of the agricultural lands of the temple insofar as the lands in Sy.No.87 to an extent of Acs. 27-16 Gts and Sy.No.106 to an extent of

Acs. 5-23 Gts of Narayankhed Village is concerned as illegal, arbitrary, contemptuous and contrary to the orders of this Court in W.P.No.15985 of

2003 dated 13.08.2003.

Heard learned counsel for the petitioners, learned Government Pleader for Endowments for respondent Nos.1 to 3 and Sri. Kotha Jagan Mohan

Reddy, learned Standing Counsel for the 5th respondent respondent-Temple.

With the consent of learned counsel appearing for the parties, the above writ petition is taken up for consideration and disposal.

Though the petitioners questioned the impugned public notice by raising various grounds, suffice it for the purpose of disposal, the challenge on the

ground of short notice period by which the Temple lands are sought to be auctioned by the 5th respondent-Temple. It is contended that by causing a

notice through printing the same on pamphlets on 05.05.2021, scheduling the auction on 10.05.2021, thereby giving hardly five days, is contrary to the

Telangana Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 ( for short 'the Rules').

Learned Standing Counsel appearing for the 5th respondent does not seriously dispute the applicability of the above rules to the auction to be

conducted.

Rule 11 of the Telangana Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003, deals with

Publication of Auction Notice. While dealing with the manner and method of such publication, the Rule clearly specifies that the notice of auction shall

be published at least 10 days prior to the date fixed for auction, by affixture. Since, in the facts of the present case, the public notice issued by the

Executive Officer of the 5th respondent-Temple is dt. 05.05.2021 and the auction is scheduled to be held on 10.05.2021, the proposed auction is in

clear violation of Rule 11 of the ""Rules"" and the same cannot be sustained.

Accordingly, the impugned public notice dt. 05.05.2021 issued by the 5th respondent through its executive officer, scheduling the public auction on

10.05.2021 is liable to be set aside and accordingly, the same is hereby set aside.

However, it is open for the 5th respondent to issue fresh public notice by adhering to the provisions of the ""The Telangana Charitable and Hindu

Religious Institutions & Endowments Act, 1987"" and ""Rules"" relating to the public auction of such endowed properties. The petitioners are also at

liberty to question the same if they are aggrieved by any such fresh public notice.

Subject to the above observations, the writ petition is Allowed. Miscellaneous petitions, if any, pending stand closed.