THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15826 OF 2010 Dated: 06.07.2010 Between : Yanamadala Mohana Krishna … Petitioner And The Govt. of A.P. rep by its Prl. Secretary, Endowments Department, Secretariat, Hyderabad and others … Respondents The Court made the following:- THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.15826 of 2010 O R D E R : This writ petition is filed seeking a declaration that the action of the 4th respondent-Temple in issuing auction notification dated 23.06.2010 for grant of lease hold rights in respect of Ac.3.62 cents of land in R.S.No.208 of Kadiyapulanka village, East Godavari District, as arbitrary and illegal. It is stated that the petitioner was the successful bidder in the auction held in the year 2007 and he continued as the lessee from 2007 onwards. Contending that being a landless poor person, as certified by the Village Revenue Officer, Kadiyam on 03.07.2010 he is entitled to continue as a lessee in terms of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for shot, ‘the Act’), this writ petition is filed to declare the action of the respondents in holding public auction for grant of lease hold rights without notice to the petitioner, as arbitrary and illegal. Having carefully gone through the material available on record and having regard to the settled principle of law, that the benefit under Section 82 of the Act is available only to those lessees whose lease was subsisting on the date of commencement of the Act, I do not find any substance in the contention raised by the petitioner. Admittedly, the petitioner was granted the lease only in the year 2007 and the lease period of three years came to an end. In the circumstances, even assuming that he is a landless poor person, he is not entitled to the benefit under Section 82 of the Act and therefore, the Writ Petition is devoid of any merit is hereby dismissed. It is made clear that this shall not preclude the petitioner to participate in the auction proposed to be conducted under the impugned auction notification, if so advised. No costs. ____________ G. ROHINI, J Dt.06.07.2010 Ivd .