APHC010244072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 12152/2024 Between:

Addagalla Manganna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S):

1. GP FOR ENDOWMENTS

2. KANDA SRINIVASU SC FOR ENDOWMENTS (KS AND WG)

The Court made the following Order:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“….. to issue a writ or order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in conducting public auction on 01-06-2024 by issuing public auction notice dated 18-05-2024 for a period of 3 years from 2024- 2025 to 2026-2027 in Sy.No.48/1 to an extent of Ac.2-89 cents, Sy.No.48/2 to an extent of Ac.4.65 cents, total an extent of Ac.7-54 cents situated at Kundalapalli Village, Ambajipeta Mandal, Dr.B.R.Ambedkar Konaseema District, in lease hold rights for the lands of 6^th Respondent temple in possession of the petitioner and also his lease period is still subsisting is illegal, irrational, irregular, arbitrary and against the principles of natural justice and unconstitutional, violative of article 14, 21 of constitution of India and contrary to the provisions of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 and rules and consequently declare that the Respondents cannot conduct public auction when the lease period of the Petitioner is subsisting….”

2. Brief facts of the case are that the petitioner is a landless poor person. The father of the petitioner was given lease hold rights by the then management of the 6^th respondent-temple in Survey No.48/1 to an extent of Ac.2.89 cents and Survey No.48/2 to an extent of Ac.4.65 cents, total an extent of Ac.7.54 cents situated at Kundalapalli Village, Ambajipeta Mandal, Dr.B.R.Ambedkar Konaseema District (for short “schedule lands”). Since then, the petitioner family members have been cultivating the lands by paying makthas to the 6^th respondent-temple. At present the petitioners are cultivating the subject lands by raising coconut trees. The petitioner participated in each auction and became successful bidder each time and paying rents regularly without any default to the lease hold property. While things stood thus, the 6^th respondent temple issued public auction notice for the lease hold rights on 25.05.2023. As per the said notice, the auction was scheduled to be conducted on 08.06.2023 at 10:00 A.M., in the temple premises by the Endowment authorities. The petitioner participated in the auction and became successful bidder in the auction. The petitioner participated in the auction by paying deposit amount of Rs.30,000/- on 08.06.2023. Later, the petitioner has paid entire lease amount of Rs.1,95,000/- to the 6^th respondent-temple. The temple authorities handed over the possession of the said land and the petitioner invested huge amounts for cultivation of the said land. Surprisingly, the 6^th respondent issued public auction notice dated 18.05.2024 stating that the schedule lands will be conducted public auction on 01.06.2024 at 09:00A.M. at temple premises for lease hold rights for a period of three years i.e., from 2024-2025 to 2026-2027. Even the petitioner’s lease period is existing; the respondents have issued public auction notice for lease hold rights of the subject lands. Aggrieved by the present writ petition has been filed.

3. This Court, vide order, dated 13.05.2024, has stayed the auction for the subject lands.

4. The 6^th respondent filed counter affidavit denying the allegations made in the writ petition and stated that Sri Venugopala Swamy temple, Chirutapudi Village, Ambajipeta Mandal, Dr.B.R.Ambedkar Konaseema District (for short “subject temple”) is published