Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the high-handed action of the 4th respondent in attempting to dispossess the petitioner from the leased land to an extent of Ac. 4.78 Cents, in Sy. No. 290, Balligattam, Narsipatnam Mandal, Anakapalli District, during currency of the lease period i.e., up to 2027-28, without notice and without following due process of law, is illegal, arbitrary, and unconstitutional, and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 4*'^ respondent not to evict the petitioner from the pleased land to an extent of Ac. 4.78 Cents, in Sy. No. 290, Balligattam, Narsipatnam Mandal, Anakapalli District, during currency of the lease period i.e., up to 2027-28, pending disposal of the writ petition and pass

The Court made the following:

ORDER:

The present writ petition is filed under Article 226 of Constitution of India seeking following relief:

“to issue a writ or order more particularly one in the nature writ of mandamus declaring the high-handed action of the 4th respondent in attempting to dispossess the petitioner from the leased land to an extent of Ac. 4.78 Cents, in Sy.No.290, Balligattam Village, Narsipatnam Mandal, Anakapalli District, during currency of the lease period i.e., up to 2027-28, without notice and without following due process of law, is illegal, arbitrary, and unconstitutional, and pass such other or orders…”

Heard learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel appearing for the respondents.

Learned counsel for the petitioner submits that the petitioner herein is the existing lease holder in respect of land admeasuring to an extent of Ac.4.78 cents in Sy.No.290 situated at Balligattam, Narsipatnam Mandal, Anakapalli District for the years 2022-2023 to 2024-2025 for a total sum of Rs.93,700/-. After completion of the subject lease, again the respondent No.4-temple conducted auction on 05.02.2025, wherein, the petitioner herein became the successful bidder in respect of same subject land in Sy.No.290 for a period of three years i.e., from 2025-26 to 2027-28 for a sum of Rs.33,500/- per year and the petitioner already paid an amount of Rs.5,000/- towards Earnest Money Deposit and is willing to deposit the rest of the amount as per the terms of the auction. But, for the reasons best known to the respondents, the respondents did not confirm the lease in favour of the petitioner as per the terms of the tender notice. Hence, the writ petition.

On the other hand, learned Standing Counsel for the respondent No. 4- temple furnished written instructions dated 26.08.2025, wherein, it is stated as follows:

“It is further submitted that, the lands in Sy.No.290 measuring Ac.19.05 cents are under lease of Sri R.Sanyasi Rao and 3 others upto 2027-28 on annual rent of Rs.1,33,500/-. Sri R.Sanyasi Rao and 3 others have submitted their willingness and requested to pay compensation for crop already on ground.

It is further submitted that, the lands in Sy.No.476 measuring Ac.3.51 cents are under lease of Sri Ch.Chitti Babu upto 2026-27 on annual rent of Rs.28,900/-. Sri R.Sanyasi Rao and 3 others have submitted their willingness and requested to pay compensation for crop already on ground.

It is submitted that, the tenants of the lands in Sy.No.290 & 476 have given their willingness and requested to pay compensation for crop already on ground. These lands may be allocated on Long lease basis for the implementation of FLS Scheme which is beneficial to the subject temple.

He further submits that the respondent No.4-temple is ready to continue the p