IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11759 of 2009 Between: Ramireddy Ramachandrudu S/o.Suryachandrudu,Hindu Fakruddinapalem(V) Pithapuram(M) East Godavari District ..... PETITIONER AND 1 Assistant Commissioner and Secretary Endowments Department Kakinada,East Godavari District 2 M.S N.Charities Kakinada East Godavari District rep.by its Assistant Commissioner and Executive Officer Kakinada East Godavari 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 writ of Mandamus declaring the proposed action of the respondents in conducting the public auction scheduled to be held on 18-6-2009 vide Public Auction Notice dt 26-5-2009 in respect of item No 11 of the said notice ie the land measuring Ac 5.31 in Sy No.99 of Fakruddinapalem(V) Pithapuram(M) East Godavari District illegal arbitrary and contrary to the law and violative of principles of natural justice and for the consequential order directing the respondents to drop all further proceedings including dispossession of the petitioner from the above said land. Counsel for the Petitioner: MR.CH.DHANAMJAYA Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.11759 of 2009 Order: Aggrieved by the action of the second respondent in proposing to auction the leasehold rights of land admeasuring Acs.5.31 cents (Zeroithi dry) situated in Survey No. 99 of Fakruddinpalem, Pithapuram Mandal, East Godavari District, the writ petition is filed. The petitioner claims to be the cultivating tenant of the land admeasuring Acs.5.31 cents in Survey No. 99 situated at Fakruddinpalem, Pithapuram Mandal, East Godavari District, belonging to the second respondent-Charity. The petitioner states that he has taken the said land on lease in the year 1993 and the same has been extended from time to time by enhancing the rent. While so, the second respondent issued the impugned auction notice proposing to auction the leasehold rights of the land in question. Immediately, the petitioner made a representation on 09.06.2009 stating that he is entitled to continue as tenant of the land in question under G.O.Ms.No.378, as he is a small farmer and requesting not to proceed with the publication in respect of the land in question, in vain. Heard the learned counsel for the petitioner and the learned Standing Counsel for Endowments. Though the petitioner claims to be the cultivating tenant of the land in question and the lease granted in his favour in the year 1993 has been extended from time to time by enhancing the rent, he has not filed any material to substantiate his claim. In the absence of the same, the relief as sought for in this writ petition cannot be granted. Accordingly, the writ petition is dismissed, at the admission stage. No costs. ___________________ N.V. RAMANA, J. Date:17.06.2009 VGB