IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Prashant Kumar Mishra, M. Satyanarayana Murthy, JJ.
Ballapu Suresh, s/o Venkateswara Rao - Appellant
Versus
Kolli Rama Koteswara Rao, S/o.Dasaradha Ramaiah - Respondent
Writ Appeal No.704 Of 2021
Decided On : 01-12-2021
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 82, 82(2), 84, 85 and 86 - Writ appeal - Possession and enjoyment of the subject property - Handover possession of the land - Auction of leasehold rights in respect of land - Land as lessees and those leases were governed - Petitioners claiming writ of mandamus, declaring the action of the Respondent Nos. 2 & 3 therein in conducting the auction of leasehold rights in respect of land admeasuring Ac.3-00 cents and Ac.2-65 cents respectively without renewing the leasehold rights in favour of the petitioners, without considering their representations and without following due process of law, as illegal, arbitrary, unconstitutional and violative of settled principles of natural justice – Held, Court can mould the relief in appropriate cases. But, as a whole, both the writ petitioners and third respondent/Executive Officer did not comply with the mandatory procedure prescribed under Rules 3 to 5 of Rules, 2003. In those circumstances, this Court has no option except to set-aside the order passed by the learned single Judge - recorded in Point No.1, while permitting the petitioners to apply for issue of LLP certificates to the second respondent and on making such application, the second respondent is directed to enquire into the economic status of the writ petitioners, issue appropriate LLP certificates, subject to their entitlement, based on the enquiry. In case, the petitioners fail to apply for issue of LLP certificates within two weeks from today, or in case, the second respondent denies issuance of LLP certificates to the petitioners on completion of enquiry, the third respondent is entitled to take steps strictly adhering to Rules, 2003. In view of the foregoing discussion, we hold that the order passed by the learned single Judge in W.P. is contrary to the proviso to Rule 3 and the same is hereby set-aside - Writ appeal allowed.
JUDGMENT :
M. Satyanarayana Murthy, J.
Aggrieved by the order passed by the learned single Judge in W.P.No.9603 of 2021 dated 07.10.2021, the present writ appeal is preferred under Clause 15 of Letters Patent by Appellants/Respondent Nos. 5 & 6, whereunder, W.P.No.9603 of 2021 was allowed by the learned Single Judge, setting aside the auction said to have been conducted on 26.04.2021 and all subsequent orders, confirmation of such auction by the endowment authorities. Consequently, Respondent Nos.5 & 6 were directed to handover possession of the land to the petitioners therein within two weeks from the date of receipt of the order, which the petitioners were entitled to take possession of the land with police assistance, in the event of resistance by Respondent Nos. 5 & 6.
2. The appellants herein were Respondent Nos. 5 & 6, Respondent Nos. 1 & 2 herein were the petitioners therein, Respondent Nos. 3 to 6 herein were Respondent Nos.1 to 4 in W.P.No.9603 of 2021. For the sake of convenience, parties will be referred as arrayed in the writ petition.
3. The petitioners (Respondent Nos. 1 & 2 herein) filed W.P.No.9603 of 2021 claiming writ of mandamus, declaring the action of the Respondent Nos. 2 & 3 therein in conducting the auction of leasehold rights in respect of land admeasuring Ac.3-00 cents and Ac.2-65 cents respectively situated in Sy.No.24 of Potharlanka Village, Kolluru Mandal, belonging to Sri Malleswara Swamy Temple, without renewing the leasehold rights in favour of the petitioners, without considering their representations dated 05.04.2021 and 22.04.2021 and without following due process of law, as illegal, arbitrary, unconstitutional and violative of settled principles of natural justice.
3. The petitioners are claiming to be small and marginal farmers, residing at Potharlanka Village, Kollur Mandal, Guntur District, eking out their livelihood by cultivating agricultural land belonging to Sri Malleswara Swamy Temple admeasuring Ac.3-00 cents and Ac.2-65 cents respectively (henceforth referred as "subject land"). The petitioners and their ancestors continued in possession of the subject land as lessees and those leases were governed by Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short "Act No.30 of 1987").
4. The second respondent – Assistant Commissioner of Endowments conducted enquiry under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Lease of Agricultural Land) Rules, 2003 (for short "Rules, 2003") and issued proceedings dated 26.09.2003 certifying that the petitioners are landless poor persons. The petitioners have been cultivating the said land by duly complying the terms and conditions of the tenancy proceedings dated 26.09.2003, by paying Maktha regularly without any default or delay to the temple authorities. While the matter stood thus, the third respondent issued Notice dated 04.05.2020 calling upon the petitioners to submit Land Less Poor (hereinafter referred as "LLP") Certificates for grant of renewal of tenancy rights for the period 2020 to 2023. Accordingly, the petitioners approached Mandal Revenue Officer, Kolluru Mandal and after due verification, the Mandal Revenue Officer submitted the LLP certificates to the third respondent/Executive Officer requesting to grant renewal of leasehold rights of the land. The petitioners also made representation dated 05.04.2021 enclosing copy of LLP certificates and requested the third respondent/Executive Officer to grant renewal of tenancy rights for the subject land belonging to Sri Malleswara Swamy Temple.
5. It is contended that, the third respondent/Executive Officer did not take any action even after receiving LLP certificates for renewal of tenancy rights. Therefore, having left with no option, the petitioners/Respondent Nos.1 & 2 made a representation dated 22.04.2021 to Respondent Nos. 2 & 3, explaining the facts and circumstances, while requesting to renew the leas
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