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2025:APHC:59052

APHC010528982025 Bench Sr.No:-7

IN THE HIGH COURT OF ANDHRA PRADESH

[3552]

AT AMARAVATI

WRIT APPEAL NO: 1310 of 2025

The State of A.P. and Others ...Appellant(s)

Vs.

G Srinivasa Kumar Appa Rao and Others ...Respondent(s)

**********

Advocate for Appellant: GP FOR ENDOWMENTS

Advocate(s) for Respondent(s): Mr.K SATYANARAYANA MURTHY,

Smt.PULIPATI RADHIKA,

Mr.D V SASIDHAR

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR

SRI JUSTICE CHALLA GUNARANJAN

DATE : 22th December 2025

JUDGMENT: (per Hon’ble Sri Justice Challa Gunaranjan)

Present writ appeal is preferred aggrieved by the order, dated

14.07.2025, passed in W.P.No.19848 of 2023, by which learned single

Judge allowed the writ petition by setting aside the impugned

proceedings issued by the Commissioner, Endowments Department.

2. The writ petition came to be instituted assailing the proceedings

in D.Dis.No.L1/18025(37)/7/2023, dated 29.06.2023, issued by the

Commissioner, Endowments Department, by which permission came to

be accorded to the Executive Officer, Sri Ramakrishna Public Trust

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HCJ & CGR, J.

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W.A.No.1310 of 2025

enabling him to lease out the land admeasuring Ac.8.60 cents in Survey

No.54 of Gollapalli village, Nuzvid Mandal (“subject property”) for a

period of 11 years through e-tender-cum-public auction and the

consequential action of the Executive Officer in issuing public auction

notice, dated 24.07.2023, to be illegal, arbitrary and without jurisdiction.

3. One Sri Anne Ramakrishnaiah stated to have established “Sri

Ramakrishna Public Trust” in the year 1962 with various objects which

include promotion of Khadi and Village Industries, development of

agriculture and cattle, women welfare, welfare of weaker sections, and

supporting education, etc. To sustain the said objects, an extent of

about 70 acres of land came to be donated to the said Institution, which

included an extent of Ac.8.60 cents in Survey No.54 of Gollapalli Village,

Nuzvid Mandal. The said institution came to be registered under

Section 43 of the Andhra Pradesh Charitable and Hindu Religious

Institutions and Endowments Act, 1987 (for short, ‘the 1987 Act”), and

the same is being now administered by the Executive Officer. The

subject land has been given out on lease for agricultural purposes from

time to time. The writ petitioner stated to be the leaseholder for the

period 2020-2023. That being so, now the Commissioner, Endowments

Department, had issued proceedings in D.Dis.No.L1/18025(37)/7/2023,

dated 29.06.2023, which permitted the Executive Officer to lease out the

subject land for a period of 11 years through e-tender-cum-auction

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HCJ & CGR, J.

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W.A.No.1310 of 2025

process. Consequently, the Executive Officer had issued auction

notification, dated 21.07.2023, specifying the schedule of auction. The

said notice stipulated that the auction participant has to make primary

deposit of Rs.6,50,000/- for the purpose of participating in the auction.

4. Writ petitioner assailed these proceedings in the writ petition by

contending that since the subject property being agricultural land, the

same cannot be given in lease for a period of more than 3 years, much

less 11 years, as proposed and further that granting of leases for 11

years is permissible only for non-agricultural use, therefore, the said

auction was stated to be illegal, arbitrary and contrary to the very objects

of the institution for which the land was donated. It was also contended

that the subject land was put to auction for a period of 11 years at the

behest of one Mrs.N.Meena Latha, who was alleged to be a fraudster.

5. The Executive Officer filed counter-affidavit opposing the writ

petition, inter alia, stating that the subject institution has been registered

and published under Section 6(b)(i) of the Act, 1987, and that it has been

managed by the Executive Officer so appointed; that the subject land

was leased out from time to time for a period of three years through

public auction and the lease which was granted to the writ petition