ORDER :

This writ petition is filed questioning the tender cum auction notice issued by the respondent No.5 dated 24.06.2021 to auction the leasehold rights of the land admeasuring Ac.2-51 cents situated in Survey No.175/7 of Kuyyeru Village, Kajuluru Mandal, East Godavari District on 05.07.2021 for the years 2021-22 to 2023-24.

2. Heard the counsel for the petitioner and the learned standing counsel for the respondent No.5.

3. The counsel for the petitioner submits that the petitioner’s great grandfather by name late Sri Pendyala Kamayya, S/o.Ramayya had two sons namely Late Sri Pendyala Kameswara Rao and late Sri Pendyala Malleswarudu. The petitioner’s grandmother namely Late Smt.Pendyala Suramma is the wife of Late Sri Pendyala Kameswara Rao. The petitioner’s great grandfather acquired the subject land by duly paying the arrears of land revenue to the State which was defaulted by late Sri Nandikolla Tataiah. After the demise of the great grandfather of the petitioner, the total extent of the land in Ac.4-89 cents was partitioned by his two sons. Initially there was an oral partition and the Ac.4-00 of land fell to the share of late Sri Pendyala Malleswarudu and the remaining Ac.0-89 cents fell to the share of the petitioner’s grandfather late Sri Pendyala Kameswara Rao. After his death the subject land devolved upon his wife late Smt.Pendyala Suramma. She executed a registered settlement deed on 22.05.1972 under the document No.3160 of 1972 settling several extents of lands in favour of the petitioner who is the daughter’s son including the subject land of Ac.0-89 cents out of Ac.5-50 cents covered under the proceedings of the respondent No.3 dated 11.12.2014. The said partition was reduced into writing under a registered document No.2153 of 1933 dated 12.09.1933. The petitioner’s great grandfather late Sri Pendyala Kamayya founded Sri Seetha Rama Swamy Temple in Kuyyeru village of the then Kakinada Taluq of East Godavari District during the year 1895. To keep up his reputation in fulfilling his efforts to establish the temple, he volunteered Rs.2/- per month for the maintenance of Nanda Deepam to the temple and continued to pay the same during his lifetime. The same was also recorded in the compromise decree in O.S.No.71 of 1901 which was instituted for removal of the Archaka when he did not perform his duties properly. When there was a high handed dispossession from the so called temple committee members in the year 1921, other sharers namely Pendyala Venkata Suba Rao represented by his paternal grandmother namely Smt.Pendyala Venkamma filed O.S.No.81 of 1921 on the file of the Subordinate Judge, Cocanada (Kakinada) against the said committee members for recovery of subject land being the ‘A’ schedule and other extents admeasuring Ac.0-89 cents being the ‘B’ schedule property. The subject land was described in the said suit as the land to an extent of Ac.4-00 in Survey No.178/2 of Kuyyeru village being the ‘A’ schedule property therein whereas the land to an extent of Ac.0-89 cents in Survey No.179 (new Survey No.269/4) was mentioned as ’B’ schedule land. Both the said extents are covered under paragraph 1 of the proceedings of the respondent No.3 dated 11.12.2014.

The said suit in O.S.No.81 of 1921 was ultimately ended in a compromise decree dated 22.12.1922 on the file of the Subordinate Judge, Cocanada (Kakinada). According to the said decree, the subject land to the extent of ‘A’ schedule proerpty shall be handed over to the other sharer being the plaintiff therein and the Ac.0-89 cents to the petitioner’s grandfather. Further, it was agreed on behalf of the petitioner’s side to pay 20 bags against the subject land of ‘A’ Schedule (Ac.4-00 cents) and 4.5 bags against Ac.0-89 cents of ‘B’ schedule corresponding to the suit in O.S.No.485 of 1921 on the file of District Munsif Court, Cocanada. The said decrees became final. From the generations thereafter the petitioner’s side family members have been observing the same ti