DUVVUR RAMAKRISHNA REDDY Vs. COMMISSIONER ENDOWMENTS DEPARTMENT ANDHRA PRADESH HYDERABAD
LAWS(APH)-1971-12-16
HIGH COURT OF ANDHRA PRADESH
Decided on December 17,1971

DUVVUR RAMAKRISHNA REDDY Appellant
VERSUS
COMMISSIONER, ENDOWMENTS DEPARTMENT, ANDHRA PRADESH, HYDERABAD Respondents

JUDGEMENT

Gopal Rao Ekbote, J. - (1.) This is an appeal from the order of our learned brother Sambasiva Rao, J. given in W.P. No. 1638 of 1970 on 26th October, 1970 whereby the learned Judge allowed the writ petition and directed the issue of a Writ of mandamus prohibiting the respondents from leasing the lands of the Temple to the lessee appellant herein, as per the order of the Commissioner date 20th March, 1970. A further direction was given that the lands should be leased out by public auction as required by the Rules.
(2.) The essential facts are that the lands in question belonged to Sri Nageswara Swami of Yakasiri Patti Matta, Sullurpet Taluk in Nellore District. A worshipper of the said Temple filed the writ petition out of which this appeal arises for the issue of a writ of mandamus directing the respondents 1 to 3 therein not to lease the lands of the Temple to the 4th respondent and to direct the lands to be leased out ty public auction. The 1st respondent was the Commissioner of Endowments the and respondent was the Temple represented by the Executive Officer, the 3rd respondent was the Temple hereditary trustee, and the 4th respondent was the person in whose favour the lease was given,
(3.) It was alleged inter alia that the 4th respondent is the brother-in-law of the 3rd respondent. The lands, because of this relationship, were given on a low annual rental of Rs. 1,500. Complaints therefore were made to the higher authorities, and some of them even offered higher rental at Rs. 7,500 per year. In 1967 the Commissioner directed the lands to be leased out by public auction. The Government, however, in the revision filed by the 4th Respondent stayed the operation of the said order. The order, however, was subsequently vacated.;


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