Proceedings under the Tenancy Act become non-est after the commencement of the Andhra Pradesh Endowments Act, 1987, and no lease can be granted if the land ceases to be agricultural due to urban agglomeration.

COMMON ORDER:-

Heard Sri Venkateswara Rao Gudapati, learned counsel appearing for Sri G. Venkat Sailendra, learned counsel for the petitioners and Sri Nagaraju Naguru, learned Government Pleader for Endowments, appearing for respondent Nos.1 & 2; Sri V. Venugopal Rao, Senior Counsel appearing for respondent No.4.

2. The instant Writ Petition is filed challenging the proceedings of the 2^nd respondent in rejecting the petitioner's claim for grant of lease of the subject property.

3. The brief facts leading to the filing of the case are:

The subject temple owns an extent of 8.45 acres of land at Sy.No.271/C-1A and 271/A-1A, Mangalagiri Town. Out of which an extent of Ac-1.88 acres was acquired by the Railways for the railway track. The remaining extent of land was cultivated by the petitioner's father during his lifetime. He died in 1986. During his lifetime, the temple authorities initiated proceedings against the petitioner’s father for eviction and filed a case in A.T.C.No.171 of 1981 on the file of the Court of the Special Officer, Mangalagiri, under the provisions of the Andhra Pradesh Tenancy Act . The Court of Special Officer passed an order on 15-03-1993, dismissing the temple's application. Aggrieved thereby, the temple filed an appeal in A.T.A.No.44 of 1993 before the Tenancy Appellate Tribunal, Guntur. The Appellate Tribunal allowed the appeal. Challenging the said order, the petitioners filed a revision before this Court in C.R.P.No.651 of 1998. In the said revision, the Appellate Tribunal's order was set aside.

On For Being Mentioned application being made, this Court passed the following order:

“In such view of the matter, the rents payable by the petitioners-tenants to the temple is now fixed at Rs. 4000-00 (Rs. Four thousand) per year from March, 2000, on wards. It is also submitted that the petitioners have raised grass in the lands and they may be permitted to raise crops. There cannot be any objection whatsoever for raising the crops by the petitioners-tenants, which are not prohibited under law.”

4. In 2003, the temple authorities issued proceedings, directing the petitioners and their mother to hand over the temple's lands. However, the Assistant Commissioner of Endowments, vide proceedings dated 12-02-2004, recognized the petitioners as landless poor persons. In pursuance thereof, the Executive Officer of the Temple issued proceedings dated 11-10-2004 in Form-II under Rule 5(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003, giving the petitioners herein an option to purchase the land on payment of the cost of the land. The petitioners contend that they have expressed their willingness to purchase the land, but the respondents have not issued any proceedings in consequence of the Form II. Thus, the petitioners made representations to the respondents on 08-11-2004 and 04-04-2005.

5. As there was no response from the respondents, the petitioners and their mother filed a Writ Petition in W.P.No.2398 of 2006, seeking a direction to the respondents to transfer the lands in favour of the petitioners. The said Writ Petition was disposed of on 31-12-2024, observing as follows:

“9. However, the petitioners are ready and willing to pay the lease\amount as fixed by the respondents in accordance with value of the land and submitted a representation to the respondents.

10. In view of such circumstances, this Court is inclined to issue directions to the respondents to pass appropriate order by taking into consideration of the recommendation