THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.9340 of 2010 ORDER: The petitioner constructed a shed over an extent of 384 square feet of land in R.S.No.340/1 of Jujjuri Village, Veeralapdu Mandal owned by Sri Guntu Veeranjaneya Swamy Temple of that village. He contends that the then Chairman of the Trust Board executed an agreement dated 12,02.2008 permitting him to erect a shed for running a canteen and to adjust the rents at the rate of Rs.400/- per month against the cost of construction. According to the petitioner, he incurred expenditure of Rs.30,000/- for the construction and that he is entitled to remain in possession of the premises for a period of six years, without independently paying any rent. His grievance is that the present management is trying to evict him forcibly. On behalf of the Temple, a counter affidavit is filed. It is stated that the so-called agreement in favour of the petitioner is a fraudulent one and that the shed was unauthorizedly constructed. Further, the first respondent states that the land, where the shed is constructed, is needed for some other use. Heard the learned counsel for the petitioner, learned Standing Counsel for the first respondent and the learned Government Pleader for Endowments. The petitioner places reliance upon an agreement, dated 12.02.2008 said to have been executed in his favour by the then Chairman of the Trust Board of the Temple. A copy of the same is filed. A perusal of the document discloses that the shed was constructed much before the agreement was entered into. The leasehold rights were not put to auction nor the permission of any authority of the Endowment Department was obtained. No rights would accrue to the petitioner on the basis of such agreement. This Court would have directed that the leasehold rights in respect of the land covered by the shed be put to auction, but for the fact that the 1st respondent insists that it is needed for some other purpose. Therefore, the writ petition is disposed of, directing that (a) The Trust Board of the Temple shall pass a specific resolution as to whether they need the land covered by the shed constructed by the petitioner for any other use, within a period of one month from today; (b) In case, it is decided to construct any other building in the place of the shed, the petitioner shall be entitled to remain in possession thereof for a period of three months from today, on payment of rent at the rate of Rs.1,000/- (Rupees One Thousand Only) per month on or before 10th of every month; and vacate thereafter. (c) If it is decided to lease the property, the leasehold rights in respect of the shed shall be put to auction and the petitioner shall also be entitled to participate therein. In case, he emerges as the highest bidder or he is willing to pay the amount that is fetched as the highest rent, he shall be granted fresh lease. There shall be no order as to costs. __________ 28.04.2010 Note: Issue C.C. in one week. (B/o) JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.9340 of 2010 Date: 28.04.2010 JSU