THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 24083 of 2003 Dated: 09.09.2010 Between: Etra Chinna Venkateswara Reddy, Guntur District. … Petitioner And The Commissioner of Endowments, Hyderabad and 3 others. … Respondents THE HON’BLE Ms. JUSTICE G.ROHINI Writ Petition No. 24083 of 2003 O R D E R: The petitioner herein claims to be the cultivating tenant in respect of Ac.5.00 of dry land situated in Sy.No.378 of Thimmareddipalem Village, Karlapalem Mandal, Guntur District belonging to the 3rd respondent-temple. It is claimed that as he is a landless poor person, he is entitled to the benefit of Section 82 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 and accordingly he got issued a legal notice dated 07.05.2003 expressing his willingness to purchase the land in question. However, ignoring the claim of the petitioners the respondents had proposed to conduct public auction for grant of the leasehold rights of the said land. Aggrieved by the same, this writ petition has been filed seeking a declaration that the action of the respondents 1 and 2 in not permitting the petitioner to purchase the Ac.5.00 of land situated in Sy.No.378 of Thimmareddipalem Village, Karlapalem Mandal, Guntur District is arbitrary and illegal. A counter affidavit has been filed by the 3rd respondent-temple denying the plea of the petitioner that he was the cultivating tenant of the lands in question. It is further stated that out of Ac.58.58 cents of land belonging to the 3rd respondent, Ac.35.19 cents was allotted to Archakas. The land to an extent of Ac.5.50 cents claimed by the petitioner was allotted to archaka Gudimella Hanumanthu Venkata Sesha Narasimha Charyulu. He had surrendered the said land to the temple on 24.01.2003. Thereafter, the 3rd respondent has been in possession and enjoyment of the said land. It is further stated that in A.T.C. No.3 of 1986 filed by the petitioner seeking a declaration that he was the cultivating tenant, a finding was recorded by the Special Officer that the petitioner had cultivated the land only during the period from 1981-1982 to 1985-1986. Therefore, the leasehold rights were put to public auction following due process of law. It is explained that one D.Shiva Reddy was declared as the highest bidder in the auction held on 23.06.2003 and the leasehold rights were granted to him. Aggrieved by the same, the petitioner filed O.S.No.157 of 2003 on the file of the Court of the Principal Junior Civil Judge, Bapatla seeking injunction. However, his petition for temporary injunction was dismissed and aggrieved by the same, he filed C.M.A.No.11 of 2003 on the file of the Court of the Senior Civil Judge, Baptla which is still pending. No reply affidavit is filed by the petitioner disputing the stand taken in the 3rd respondent’s counter affidavit and no other material is produced to establish the petitioner’s claim that he is entitled to the benefit under Section 82(2) of the Act. Accordingly, the Writ Petition is dismissed. No costs. ​ ______________ G. ROHINI, J Date: 09.09.2010 KLP