ORDER :

1. The petitioner is a tenant in respect of about Ac. 3-09 Gts. of land in Sy. No. 148 of Kompally village, Quthbullapur Mandal, Ranga Reddy district, belonging to Sri Balaji Venkateswara Swamy Temple, Alwal (hereinafter referred to as ‘the Temple’). The Temple intended to sell the land by way of public auction. It issued a public notice on 4-12-1999 inviting objections for the proposed sale. The petitioner submitted her objections on 25-1-2000. A reminder was given on 11-9-2000. Ultimately, she filed a revision before the Government.

2. Through its Memo dated 15-2-2003, the Government directed the Commissioner, 2nd respondent, to consider and dispose of the objections raised by the petitioner. Through his proceedings dated 8-4-2003, the Commissioner had rejected the objections raised by the petitioner. Hence, this writ petition.

3. The petitioner contends that she is a landless poor and her rights to purchase the land or to continue as tenant are protected under Section 82 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 1987 (for short ‘Act 30 of 1987’). She contends that as long she is willing to continue as tenant or purchase the land, the respondents cannot sell the land in question.

4. The Temple has filed a counter affidavit. It is stated that the area is developed into residential locality and almost on all sides of the land constructions have come up. It is pleaded that the land is no longer used for agriculture purpose. It is in this context, and to augment the resources to the Temple, that the sale is proposed. It is alleged that the Temple is without any income and without any other property.

5. Heard the learned counsel for the petitioner, learned Government Pleader for Endowments and the learned Counsel for the Temple.

6. The status of the lessee of the land in question is not much in dispute. She is continuing as lessee for quite a long time. The Act has provided for termination or continuation of leases in respect of agricultural lands as well as other kinds of properties held by Charitable and Religions Institutions and Endowments. Section 82 deals with the leases in respect of agricultural lands. It brings about termination of existing leases except in cases where the lessees are landless poor persons. This Section provides for an opportunity to be given to landless poor persons, to purchase the land at 75% of the market value of the land. According to the proviso to this Section, as originally enacted, in case any landless poor person fails or is unwilling to purchase the land, the lease stands cancelled. Through Amendment Act No. 27 of 2002, the proviso was substituted with another. It is to the effect that in case the landless poor persons are not willing to purchase the land, they shall continue as tenants if they agree to pay at least 75% of the market rent of the similarly placed lands, as lease amount. It is in this framework that the rights of the petitioners have to be adjudicated.

7. For extending the benefit under Section 82 of the Act to the petitioner, her case needs to be examined for conferring the status of a landless poor person. Government framed Rules in G.O.Ms. No. 371 dated 11-3-2003 for this purpose. Rule 3 thereof prescribes the procedure. The person claiming status of land less poor is required to make an application to the jurisdictional Assistant Commissioner and he, in turn, is required to determine the status. The parameters for such adjudication are provided for in Explanation to Section 82. It reads as under:-

“Explanation - For the purpose of this sub-section “landless poor person” means a person whose total extent of land held by him either as owner or as cultivating tenant or as both does not exceed 1.011715 hectares (two and half acres) of wet land or 2.023430 hectares (five acres) of dry land and whose monthly income other than from such lands does not exceed two hundred and fifty rupees per mensum or three thousand rupees per annum. For the purpose