WVMP.No.1791 of 2007 is filed to vacate the interim order dated 05.06.2007 made in WPMP.No.14125 of 2007 in WP.No.11328 of 2007.

2. At the request of the counsel on record, the writ petition is being disposed of finally.

3. Sri M. Vidyasagar, learned counsel representing the writ petitioner had taken this Court through the contents of the affidavit and would submit that in the facts and circumstances of the case, relief prayed for in the writ petition to be granted.

4. On the contrary, Sri V.T.M. Prasad, learned Standing Counsel representing respondents had taken this Court through the contents in the counter-affidavit and would submit that in the facts and circumstances, the writ petition is liable to be dismissed.

5. Heard the counsel and perused the records produced before the Court.

6. The writ petition is filed for a writ of Certiorari calling for the records relating to the impugned notice issued by the Manager of the subject temple dated 23.05.2007 contemplating to put the leasehold rights of land in public auction on 06.06.2007, admeasuring an extent of Ac.1-20 cents in Sy.No.691 in Ilavaram Village, Bhattiprolu Mandal, Guntur District belonging to Sri Rameshwara Swamy Temple, Ilavaram which petitioner is entitled to own as landless poor person, as bad, illegal, arbitrary and opposed to law and the same may be quashed.

7. It is stated that the petitioner is the lessee of the lands belonging to the respondent temple to an extent of Acs.1-20 cents; that he was inducted into possession of the schedule mentioned lands being declared as the highest bidder in public auction by quoting a maktha of 21 bags of paddy per year; that the lease was also approved by the competent authority i.e., the Commissioner of Endowments by Proceedings D.Dis.No.C1/40495/98, dated 03.09.1998 and that by virtue of the said lease granted in his favour, he was in possession of the schedule mentioned lands by paying maktha regularly to the temple till 2005.

8. Further it is stated that consequent to the restoration of Section 82 of the A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987, hereinafter would be referred to as the Act for the purpose of convenience, by the Hon'ble Supreme Court, the Government issued G.O.Ms.No.379, specifying the Assistant Commissioner of Endowments to be the competent authority under Rule 3 to adjudicate the claims of the cultivating tenants and their eligibility for being declared as landless poor persons to avail the benefit as per Section 82 of the Act. The petitioner filed appropriate application before the Assistant Commissioner of Endowments, Guntur and the same being enquired upon, he was declared as "landless poor person" by proceedings in Rc.No.B2/506/2005, dated 23.03.2005.

9. Further it is stated that the petitioner, who was also in possession of the temple land, was deprived of his right to cultivate the land by a group of persons, who encroached the entire extent of land admeasuring Acs.12-83 cents in Sy.No.691 belonging to respondent temple immediately after the second crop i.e., Rabi.

10. Further it is stated that the Deputy Commissioner of Endowments, who is conferred with the power to remove encroachments of temple lands, exercised his power under Section 85 of the Act and passed an order by proceedings Rc.No.5661/05 dated 06.07.2005 ordering removal of encroachments allegedly made by a group of persons. Accordingly, the said order was executed only in April, 2007, and all encroachers were evicted from lands belonging to the temple and the petitioner was no way responsible for the lapse on the part of temple to evict the encroachers.

11. Further it is stated that the Manager of the respondent temple instead of handing over possession of the land to the petitioner, after removal of encroachments, proposes to put the leasehold rights of the temple lands in public auction by the impugned notice and that the action of