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2021 Supreme(AP) 381

R.RAGHUNANDAN RAO
Ch. Sitarama Rao – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
Ponnada Sree Vyas, for the Appellant; G.P. for Endowments, K.Madhava Reddy, for the Respondent

JUDGMENT

The present writ petition is filed by the petitioners 1 to 4. These four petitioners are claiming that they are landless poor persons. The 3rd respondent temple is now seeking to auction the leasehold rights of the lands held by these petitioners as lessees of the 3rd respondent-temple.

2. It is the case of the petitioners that since they are landless poor persons, the 3rd respondent cannot auction the leasehold rights of the lands held by them and that they should be continued as lessees in accordance with the proviso to Section 82(2) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the Act”).

3. Heard Sri Ponnada Sree Vyas, learned counsel for the petitioners and Sri K.Madhava Reddy, learned Standing Counsel for 3rd respondent.

4. A perusal of the material placed before this Court would show that the 2nd petitioner has been recognized as a landless poor person by proceedings of the Assistant Commissioner, Endowments, Rajahmundry on 31.03.2005. As such, he would be entitled to the benefit of the proviso to Section 82 of the Act and an extent of Ac.1.96 cents of wet land in R.S.No.410/5 of Manepalli Village, P.Gannavaram Mandal

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