ORDER :

G. Rohini, J.

The petitioners seek a Writ of Mandamus declaring the auction conducted by the 2nd respondent/Devastanam on 27-6-2003 as arbitrary, illegal and contrary to Section 82 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short "the Act") and for consequential reliefs.

2. The petitioners who are 11 in number claim to be the owners of small extents of land situated in Gonchala and Thimmapuram villages in East Godavari District. It is claimed that they are small farmers and landless poor persons as defined under Section 82(2) of the Act. In the affidavit filed in support of the writ petition, it is stated that the 2nd respondent-Devastanam is the owner to an extent of Ac.30.16 cents of agricultural land situated in S.No.234 and 236 of Thimmapuram village, Kakinada Rural Mandal, East Godavari District. Since the lands were kept vacant for about 10 years, the petitioners 1 to 6 made a request to the temple authorities to lease out the said lands in their favour at the rate of 10 bags of paddy per acre. Since there was no response they fled W.P.No. 11238 of 1997, which was dismissed on 25-6-1997 observing that it is open to the Executive Officer to consider the representations of the petitioners for lease of lands in favour of the petitioners in accordance with law. It is stated that they made representations dated 13-7-1997 and 15-74997 and since there was no response, the petitioners 1 to 3 filed W.P.No. 18279 of 1997. The said writ petition was disposed of on 18-12-1997 with a direction to dispose of the representations made by the petitioners within two months. Thereafter the petitioners were informed that it is not possible to lease out the said lands and that the Devastanam has taken up self-cultivation under the instructions of the Commissioner, Endowments Department. Thus from the year 1988 till 27-6-2003, the Devastanam itself cultivated the lands. Every year the Executive Officer has shown losses on the cultivation of lands by way of public notification.

3. While so, the 2nd respondent-Devastanam without giving any public notification issued auction notification on 15-6-2003 and also conducted auction on 27-6-2003. The grievance of the petitioners is that the said auction was conducted without issuing any public notification and without considering the representations of the petitioners and disregarding the orders of this Court in the earlier writ petitions. It is alleged that there was no publication at all so far as auction conducted on 27-6-2003 is concerned, and that none of the villagers of Gonchala, Thimmapuram are aware of the said auction. It is further alleged that the Executive Officer of the 2nd respondent-Devastanam with a mala fide intention colluded with the 3rd respondent and conducted auction and granted lease in favour of the 3rd respondent, who is said to be the highest bidder, fixing the makta at 16 bags of paddy per acre. The contention of the petitioners is that so far as adjoining lands situated in S. No. 236 is concerned, a Division Bench of this court fixed the annual lease at 20 bags per acre and thus granting lease in favour of the 3rd respondent fixing makta only at 16 bags per acre is nothing but on account of collusion between the respondents 2 and 3. It is also pleaded that the petitioners being small farmers are entitled to the grant of lease and they are also prepared to cultivate the above lands by paying makta at the rate of 18 bags per acre and That the action of the respondents in not considering their claim is arbitrary, illegal and in violation of the statutory provisions.

4. I have heard Sri C. Subba Rao the learned counsel for The petitioners, the learned standing counsel for the 2nd respondent-Devastanam, Sri E. Sambasiva Pratap, Sri M.Laxmana Sarma, the learned counsel for the 3rd respondent.

5. The learned counsel for the petitioners contended that the auction conducted is not only in violation of the statutory provisions but also contra