IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 945 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 26/06/2009 in WP NO : 12373 OF 2009 on the file of the High Court.) Between: Paruchuri Paparao, S/o. Venkata Subba Rao, Kotagiri Lanka Village, Avanigadda Mandal, Krishna District. ..... APPELLANT AND 1 Government of Andhra Pradesh Department of Endowments, Rep by its Prl. Secretary, Secretariat Buildings, Hyderabad. 2 The Asst. Commissioner of Endowments, Near Global Hospital, Governorpet, Vijayawada. 3 The Station House Officer, Police Station Avanigadda, Krishna District. 4 Sri Rajasekhara Swamy Vari Devasthanam, Rep by its Executive Officer, Avanigadda Village & Mandal, Krishna District. 5 Sri M. Murali Krishna, Executive Officer, Sri Rajasekhara Swamy Vari Devasthanam, Avanigadda Village & Mandal, Krishna District. 6 Smt. P. Rani, W/o. Vijaya Kumar, Kotagirilanka Post, Avanigadda Mandal, Krishna District. .....RESPONDENTS Counsel for the Appellant: MR.APPA RAO VUPPUTURI Counsel for the Respondents : GP FOR ENDOWMENTS The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 945 of 2009 JUDGMENT: (Per Hon’ble Sri Justice Sanjay Kumar) The dismissal of Writ Petition No. 12373 of 2009 by the learned single Judge by order dated 21.6.2009 gives rise to this appeal. The Appellant, being the unsuccessful Petitioner in the said Writ petition, sought a declaration that the action of Respondents 3 to 5 in seeking to evict him from the agricultural land admeasuring Ac.4.92 cents in R.S. No. 20 of Avanigadda Village and Mandal, Krishna District is illegal, arbitrary and violative of the principles of natural justice. It is his case that the subject land was given on lease to his forefathers, who have been the tenants of the said land since 1948. He also relied upon an earlier litigation in Writ Petition No. 21947 of 2002 to stake the claim that he was entitled to continue the lease on payment of the lease amount of Rs. 5,000/- per acre per annum. His grievance is that the respondents directed him to vacate the subject land and were preventing him from entering into the land. His complaint before the learned single Judge was that he was being evicted without following the due process of Law. The learned single Judge, taking note of the fact that the Appellant/Writ Petitioner was not in a position to produce any documentary evidence with regard to his continuance as a lessee over the subject property, held that he was not entitled to the relief claimed by him. The Writ Petition was accordingly dismissed. The issues as to the lawfulness of the eviction of the Petitioner and as to when he lost the possession of the property are not amenable to resolution in this Writ Appeal, being entrenched in the realm of disputed questions of fact. When the writ appeal was taken up for hearing, Sri V.T.M.Prasad, learned counsel appearing for the 4th Respondent, stated that the lease over the subject land was proposed to be auctioned and it is open to the Appellant also to participate in the same. The material on record in this Writ appeal indicates that the Appellant and prior thereto, his forefathers have already enjoyed a long lease over the subject land and that the 4th Respondent-Devasthanam is proposing to auction the lease over the subject land so as to improve and increase the income of the temple. In such a situation, we do not find any reason to interfere with the order of the learned single Judge. It is always open to the Appellant to participate in the auction as and when 4th respondent- Devasthanam subjects the future lease over the subject land to such auction. The Writ Appeal is accordingly dismissed. There shall be no order as to costs. ___________________ T.MEENA KUMARI,J Date: 24th July, 2009 _________________ SANJAY KUMAR,J pnb