THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.8636 of 2010 ORDER: The petitioner states that he emerged as the highest bidder in the auction of leasehold rights of an extent of Acs.8.25 cents of land held by Sri Ramalingeswara Temple, the 3rd respondent, for a sum of Rs.40,100/- and Acs.2.19 cents of land held by Sri Anjaneya Swamy Temple, the 4th respondent, for a sum of Rs.6,700/- for the previous year. It is also stated that he was cultivating tenant for those lands earlier thereto also. The respondents are proposing to conduct auction of leasehold rights in respect of the said lands as well as other lands held by the temples. The petitioner states that the area was declared as draught affected and that the Assistant Commissioner, Guntur, the 1st respondent, has recommended for renewal of the lease on payment of 10% enhanced Maktha. His grievance is that the same is not being taken into account. Heard learned counsel for the petitioner, learned Government Pleader for Endowments and learned Standing Counsel for respondents 3 and 4. The lease in favour of the petitioner has expired. While the petitioner asserts that he paid the lease amount, learned Standing Counsel for respondents 3 and 4 submits that there are arrears of rent. The A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, and the Rules made thereunder mandate that the leasehold rights in respect of the agricultural lands held by the religious institutions must be allotted only by conducting auction. The petitioner can be permitted to participate in the auction, if there are no arrears of rent for the lands and even if he does not emerge as highest bidder, he could be granted fresh lease, if he expresses his willingness to pay the amount that is fetched as highest bid. For the foregoing reasons, the Writ Petition is disposed of, directing that, a) the proposed auction of leasehold rights, in respect of the lands in question, may go on and the petitioner shall be entitled to participate therein, in case there are no arrears payable by him in respect of the lands; b) in case the petitioner emerges as the highest bidder or is willing to pay the amount that is fetched as highest bidder, fresh lease shall be granted in his favour, on the same terms and conditions; c) if the petitioner does not emerge as the highest bidder, or is not willing to pay the highest bid amount, he shall be under obligation to vacate the land forthwith and the respondents shall be entitled to resume the same and deliver to the highest bidder. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.16.04.2010. GJ