The main legal point established is that a landless poor person, recognized under the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 and the Rules of 2003, is entitled to continue as a tenant and pay 2/3rd of the market rent for the land held.

JUDGMENT

R Raghunandan Rao, J. - The petitioner is lessee of the 3rd respondent institution to an extent of Ac.3.50 cents in R.S.No.343/4 and R.S.No.338/1 of Manepalli Village, P.Gannavaram Mandal, East Godavari District. He has also been declared as a landless poor person, under Rule 3 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 (for short, 'the Rules of 2003') by the Assistant Commissioner, Endowments Department, Rajahmundry in proceedings Rc.No.A2/9661/2003, dated 24.12.2003.

2. The petitioner has now approached this Court, being aggrieved by the action of the 3rd respondent in seeking to conduct auction of the lease hold rights of the land held by the petitioner for the period 2021 to 2023.

3. Sri Ponnada Sree Vyas, learned counsel appearing for the petitioner submits that once the petitioner has been recognized as a landless poor person, under the provision of Section 82 of Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short 'the Act') r/w Rule 3 of 'the Rules of 2003', the respondents cannot auction the lease hold rights and the petitioner is entitled to continue as lessee on payment of 2/3rd of the market rent for similarly situated lands.

4. Sri K.Madhava Reddy, learned Standing Counsel appearing for the 3rd respondent would submit that even though the petitioner had been recognized as a landless poor person in 2003, the said recognition has to be renewed every three (3) years, on account of the proviso to Rule 3(3) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003. He submits that as the petitioner did not obtain such certification after 2003, he would not be entitled to be treated as a landless poor person and the 3rd respondent can go ahead with the auction.

5. The proviso to Rule 3(3) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003, reads as follows:

"Provided the status of every Land Less Poor tenant shall be reexamined once every three years and appropriate orders shall be passed by the Assistant Commissioner having territorial jurisdiction as the economic status of any person is not a constant. It is equally applicable to cases where persons already declared as Land Less Poor tenants shall also be reviewed once every three years henceforth"

6. This Court by a Judgment in W.P.No.19149 of 2020, dated 06.07.2021 had held that this provision would only be permit the Endowment Authorities to review the status of the tenant and the said provision cannot be understood or read to mean that the tenant has to approach the authority every three (3) years for renewal of his/her status, as a landless poor person.

7. In that view of the matter, the petitioner is entitled to continue as a tenant of the 3rd respondent as long as he pays the lease amounts to the 3rd respondent in accordance with the provisions of Section 82 of Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987. For the purpose of ascertaining the market rents, it would be open to the 3rd respondent to conduct the auction. In the event of such an auction being conducted, the 3rd respondent shall intimate the bid amount given by the successful bidder, and the petitioner can be called upon to pay 2/3rd of the said amount within a reasonable period of time, which shall be fixed in the notice itself. In the event of the petitioner failing to pay the reasonable amount, the successful bidder can be called upon to pay the successful bid amount within one day of the intimation to the successful bidder. In case the successful bidder fails to pay the bid amount, the entire auction shall be cancelled and a fresh auction shall be conducted without dispossessing the petitioner from the land.

8. If the 3rd respondent chooses not to conduct the auction, it would be open to the 3rd respondent to fix the rent