IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11593 of 2009 Between: Challa Suryanarayana S/o. Suranna, R/o. 4-90, Vedalamuru, Peddapuram Mandal, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Endowments Department, Secretariat, Hyderabad. 2 The Dy. Commissioner of Endowments, Kakinada, East Godavari District. 3 The Asst. Commissioner of Endowments, kakinada East Godavari District. 4 Sri Venugopala & venkateshwara Swamy DEvasthanam, Rep by its Executive Officer, Samalkota, Samalkota Mandal, East Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate Writ, order or direction declaring the impugned action of the respondents in seeking to cause public auction and under its guise high handedly evict the petitioners who are in the continuous possession of petitioners and landless poor, from the lands in Sy.No.107 and 108 of Vdalamuru, Peddapuram Mandal of a total extent of Ac.17.69 (Ac.7.37 Cents in sy.No.107 and Ac.10.32 Cents in Sy.No.108 which includes Dry land and Wet Land) belonging to 4th respondent in the guise of public auction, on 12.06.2009 or any other future date, without following the due process of law as illegal, arbitrary and violative of principles of natural justice etc and consequently direct the Respondents not dispossess the Petitioner without following due process of law and not to take coercive steps in the meantime Counsel for the Petitioner:MR.N.V.ANANTHA KRISHNA Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : O R D E R:- The petitioner asserts that he is a leaseholder of the land in an extent of Ac.17.69 cents in Sy.Nos.107 and 108 situated in Vedalamuru, Peddapuram Mandal, belonging to the 4th respondent-Temple, and the lease was confirmed by the 2nd respondent vide his Proceedings dated 17.6.2006 for the period 2006-2007 to 2008-2009. The petitioner states that he raised sugarcane and the crop is yet to become ripe for harvest. Now, it is his main grievance that the 4th respondent, without following due process of law, and with a view to getting him evicted from the land, is proposing to conduct public auction of the land in question on 12.06.2009, highhandedly. The learned Standing Counsel, on instructions, has submitted that the lease granted to the petitioner expired, and the petitioner raised sugarcane in an extent of Ac.7.00 and paddy in the rest of the land, and both the paddy and the sugarcane are harvested and the petitioner is due to pay rentals of 269 bags to the Temple. Heard the learned counsel for the petitioner and the learned Government Pleader for Endowments appearing for respondent Nos.1 to 3 and the learned Standing Counsel for Venkateswara Swamy Devasthanam appearing for the 4th respondent. The petitioner was granted lease for the years 2006-07 to 2008-09 and during the lease year, he raised sugarcane and paddy in the leased land. The petitioner, having harvested the crop, is said to have not paid the rentals. Since the lease granted in favour of the petitioner expired, the respondents have sought to auction the leasehold rights, and no exception can be taken thereto. Since the petitioner having harvested the crop, is said to have not paid the lease amount, he shall pay the same immediately. In the event, the petitioner fails to pay the rentals, then the respondents are directed to recover the same by initiating appropriate proceedings. Accordingly, the writ petition is dismissed with the above observation. No costs. ______________ N.V.RAMANA, J 23rd June, 2009 bcj