The burden of renewing the landless poor certification is not on the tenant.

JUDGMENT :

R Raghunandan Rao, J. - The petitioners herein are the tenants of the 3rd respondent-Charitable Institution, who are all holding lands below Ac.2.50 cents of wet land or Ac.5.00 cents of dry land and had been recognized as landless poor persons, under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short 'the Act'), by way of proceedings of the 2nd respondent bearing D.Dis.No.A3/1541/2004, dated 12.05.2004. The petitioners were being given all the benefits of the status of the landless poor persons and had continued as lessees of the 3rd respondent till now.

2. The 3rd respondent on 12.10.2020 issued an auction notice proposing to hold an auction on 22.10.2020, in respect of the lease hold rights of the lands which were being cultivated by the petitioners as lessees of the 3rd respondent. Thereupon, the petitioners had approached the 3rd respondent and placed the proceedings of the 2nd respondent, dated 12.05.2004 before the 3rd respondent in support of their claim, that they are the landless poor persons and would be entitled to continue as lessees of the 3rd respondent. However, the 3rd respondent sought to continue the auction. Aggrieved by the same, the petitioners approached this Court by way of this writ petition.

3. This Court on 20.10.2020 had granted interim stay of all further proceedings in the auction for a period of six (6) weeks and the said order has been extended from time to time.

4. Heard Sri Somisetty Ganesh Babu, learned counsel for the petitioners and Sri G.Ramana Rao, learned Standing Counsel for the Endowments.

5. It is the case of Sri Somisetty Ganesh Babu, learned counsel for the petitioners that once the petitioners have been recognized as landless poor persons, the said status would continue until an order is passed by the competent authority setting aside the said status. He submits that in the absence of any such order, the status of the petitioners as landless poor persons cannot be disturbed and they would be entitled to all the benefits available to such landless poor persons, including the right to continue as lessees of the 3rd respondent, subject to the conditions in the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short 'the Act') and the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 (for short, 'the Rules of 2003').

6. Sri G.Ramana Rao, learned Standing Counsel for the 3rd respondent would submit that it is true that the orders of the 2nd respondent, dated 12.05.2004 declaring the status of the petitioners as landless poor persons has not been set aside. However, he submits that in view of the proviso to Sub-Rule (3) of the Rule 3 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003, the burden of getting their declaration renewed every three years is on the petitioners and in view of the fact that such a renewal has not taken place, the 3rd respondent would be entitled to disregard the status of the petitioners as landless poor persons and go ahead with the auction.

7. The Proviso to Sub-Rule (3) of Rule 3 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 reads as follows.

"(3) Notwithstanding anything contained under sub-rule(2), where a small farmer, being a lessee is holding land in excess of Ac.0-25 cents wet land or Ac.0.50 cents of dry land over and above the ceiling limits of Ac.2.50 cents went land or Ac.5.00 cents dry land respectively, they may be allowed to continue in lease subject to payment of 2/3rd of prevailing market rent and excess land if any more than the above limits shall be taken over by the institutions and such piece of land shall be put in public auction for lease".

"Provided the status of every Land Less Poor tenant shall be reexamined once every three years and