IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 15406 of 2008 Between: Marella Chennaiah S/o. Basavaiah, Hindu Darsi Agraharam (V), Martur Mandal, Prakasam District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary to Endowment Department, Secretariat, Saifabad, Hyderabad. 2 Regional Joint Commissioner, Endowments Department, Multi Zone-II Tirupathi, Chittoor District. 3 Assistant Commissioner, Endowments Department, Ongole, Prakasam District. 4 Executive Officer/Manager, Sree Lakshminarasimhaswami Temple and Sree Seeta Ramanjaneyaswami Temple, Darsi Village, Martur Mandal, Prakasam District. .....RESPONDENTS 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 order or direction more particularly one in the nature of writ of Certiorari calling for the entire records connected to order in RC No. B4/4390/2003-02 dt. 5-7-2006 passed by the 3rd Respondent as conﬁrmed by an order dt. 22-12-2007 in appeal No. 15/2006 by the 2nd Respondent and examine the same set the same aside after declaring the same are illegal, irregular, arbitrary, violative of the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 1987 and rules framed there under and oﬀends articles 14 and 21 of Constitution of India and consequently direct the respondents to extend beneﬁts under Section 82 of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 to the petitioner declaring him as land less poor person and to pass such other order or orders Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following ORDER: The petitioner is a tenant in respect of Acs.3.00 of land, held by Sree Lakshminarasimhaswami Temple and Sree Seeta Ramanjaneyaswami Temple, Darsi Village, Martur Mandal, Prakasam District, the fourth respondent herein, from 1985 onwards. In the recent past, steps were initiated for eviction of the petitioner. Thereupon, he approached the Assistant Commissioner, Endowments Department, the third respondent herein, with a prayer to declare him as landless poor, to get the beneﬁt under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’), and the Rules made there under. Through order, dated 05.07.2006, the third respondent rejected the application of the petitioner. Appeal No.15 of 2006 ﬁled by the petitioner before the Regional Joint Commissioner, Endowments Department, the second respondent herein, was also rejected on 22.12.2007. Hence, this writ petition. Heard Sri Nimmagadda Satyanarayana, the learned counsel for the petitioner, the learned Government Pleader for Endowments for respondents 1 to 3 and Sri V.T.M.Prasad, the learned Standing Counsel for the fourth respondent. Even according to the petitioner, he is a tenant of the land of the fourth respondent-temple from 1985 onwards. Section 82 of the Act had brought about statutory termination of the existing leases. Certain beneﬁts were conferred upon the persons, who are declared as landless poor, provided that they are lessees for a period of six years prior to the notiﬁed date. It means a person must have been a tenant of the land held by a temple for six years prior to 1987. It is not in dispute that the petitioner is a tenant only from 1985. The third respondent took this fact into account and rejected the application of the petitioner and the same was conﬁrmed by the second respondent. The learned counsel for the petitioner is not able to point out any legal or factual defect in the orders passed by respondents 2 and 3. Hence, the writ petition is dismissed. The learned counsel for the petitioner submits that his client raised subabul trees in the land and he may be granted reasonable time to remove the same. The petitioner is granted one month time from today to remove the trees and he will be permitted to clear the land only on payment of rent ﬁxed by the third respondent. In default, it shall be open to the fourth respondent-temple to clear the trees by itself and adjust the income derived out of it towards the lease amount and costs. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:02.09.2008. kdl