*HON’BLE SRI JUSTICE P.S. NARAYANA +WRIT PETITION No.15921 of 2005 WRIT PETITION No.24897 of 2004 WRIT PETITION No.19440 of 2004 and WRIT PETITION No.25242 of 2004 %28.02.2008 WRIT PETITION No.15921 of 2005 #Telladala Ramakrishna … Petitioner Vs. $1. Sri Narayana Rangaiah gari Choultry, rep. by its Trustee, now being represented by its Manager, Proddatur, Kadapa District and 2 others. …Respondents !COUNSEL FOR THE PETITIONER : SRI A.K. JAYAPRAKASH RAO COUNSEL FOR THE RESPONDENTS 1 & 3: SRI V.T.M. PRASAD COUNSEL FOR THE RESPONDENT NO.2: GOVERNMENT PLEADER FOR ENDOWMENTS * * * WRIT PETITION No.24897 of 2004 #Telladala Ramakrishna … Petitioner Vs. $1. Sri Narayana Rangaiah gari Choultry, rep. by its Trustee, now being represented by its Manager, Proddatur, Kadapa District and 25 others. …Respondents !COUNSEL FOR THE PETITIONER: SRI A.K.JAYAPRAKASH RAO ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR ENDOWMENTS * * * WRIT PETITION No.19440 of 2004 #Marriboina Venkata Subbaiah and 24 others. … Petitioners Vs. $1. Sri Narayana Rangaiah gari Choultry, rep. by its Trustee, now being represented by its Manager, Proddatur, Kadapa District and 2 others. …Respondents !COUNSEL FOR THE PETITIONERS: SRI B. VENKAT RAMA RAO ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR ENDOWMENTS WRIT PETITION No.25242 of 2004 #Marriboina Venkata Subbaiah and 24 others. … Petitioners Vs. $1. Sri Narayana Rangaiah gari Choultry, rep. by its Trustee, now being represented by its Manager, Proddatur, Kadapa District and another. …Respondents !COUNSEL FOR THE PETITIONERS: SRI B. VENKAT RAMA RAO ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR ENDOWMENTS <GIST: >HEAD NOTE: ? CITATIONS 1. 2007 (1) ALD 262 2. 2006 (6) ALT 173 3. (2007) 7 Supreme Court Cases 482 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 15921 of 2005 Between: Telladala Ramakrishna, S/o.Pedda Obulesu, R/o.7-1279,Kerrapadu Road, Proddatur Mandal and Town, Kadapa district. ..... PETITIONER AND 1. Sri Narayana Rangaiahgari Choultry, Rep by its Trustee now being Rep by its Manager, Proddatur, Kadapa district. 2. The Assistant Commissioner, Endowments Department, Kadapa 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 an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the Respondents in issuing the re-auction notice, dt.12-7-2005 fixing the date of auction of the leasehold rights on 22-7-2005 in respect of agricultural lands totally admeasuring Ac.3-95 cents covered by Sy.No.113/1,114,156/1, 152/2,166/11,158,168 of Madduru Village, Chapadu Mandal, Kadapa district, as illegal, arbitrary, unjust, and in violation of principles of natural justice, and in violation of Articles 14, 21 and 300-A of the Constitution of India, and consequently quash the same by directing the respondents to issue proceedings of lease for a period of three years from the date of patting the petitioner in possession, by evicting the tenants in occupation of the 1st Respondent by due process of law, pursuant to the auction of the leasehold rights on 18-10-2004 for an amount of Rs.14,67,000/- collected from the petitioner in the interest of justice and be pleased to pass such further orders. Counsel for the Petitioner: SRI A.K.JAYAPRAKASH RAO Counsel for the Respondent No.: GP FOR ENDOWMENTS IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 24897 of 2004 Between: Telladala Ramakrishna S/o.Pedda Obulesu 7-1279,Korrapadu Road, Proddatur Mandal and Town, Kadapa Dist. ..... PETITIONER AND 1. Sri Narayana Rangaiahgari Choultry, rep by its Trustee now being rep by 2. The Assistant Commissioner Endowments Department 3. Marriboina Venkata Subbaiah S/o.Nadipi Subanna Kadapa Dist. 4 Katam Lakshmidevi W/o.Veeraswamy Chapadu (M), Kadapa Dist. 5. S.Venkata Subbaiah S/o.Usanna Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 6 Panditi Chinna Ganganna@ Nalgava Ganganna S/p.Peddanna Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 7 Mandagolla Chinna Munaiah S/o.Muni Subbaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 8 Pandit Narayana S/o.Peddanna Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 9 Panditi Ganganna S/o.Peda Ganganna Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 10 Marriboina Lakshmamma W/o.Pedda Pullaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 11 Ramanaboina Subramanyam S/o.R.Pedda Venkata Subbaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 12 Mandagolla Muni Subbaiah S/o.Pedda Munaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 13 Naruboina Gurrappa S/o.Obenna Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 14 Marriboina Vasudevudu S/o.Obaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 15 Veeraoina Subbanna S/o.Subbaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist 16 Danigela Chinna Veerabhadrudu S/o.Chinna Veeranna Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 17 Uppalaplati Ramachandra Reddy S/o.Venkata Reddy Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 18 Chelluboina Ramakrishna S/o.Chinna Rama Subbanna Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 19 Mandegolla Pedda Munaiah S/o.Muni Subbaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 20 Sarukolla Usanna @ Subbanna S/o.Tirupelu Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 21 Ramanaboina Surendra S/o.Pedda Venkata Subbaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 22 Katam Subbarayudu S/o,.Chowdaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 23 Mandagolla Venkata Subbamma W/o.Muni Subbaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 24 Mandagolla Lakshmamma W/o.Bala Manaiah Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 25 Panditi Nadipi Ganganna S/o.Peddanna Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. 26 Vazzela Subbanna S/o.Santenna Chinna Varadayapalli Village, Chapadu Mandal, Kadapa Dist. .....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 an order or direction more particularly one in the nature of writ of mandamus declaring the in action of the officials of 1 & 2 respondents herein in not issuing proceedings of lease hold rights and in not putting me in possession by evicting respondents 3 to 26 by due process of law from agricultural lands totally admeasuring Ac 33-95 cents covered by survey Nos. 113/1,114,156/1,152/2,166/1,158,168 of Medduru village, Chapadu Mandal, Kadapa Dist pursuant to the auction held on 18-10-2004 by respondents 1 & 2 as illegal, arbitrary, unjust and violative of principles of natural justice land in violation of articles 14,21 and 300-A of Constitution of India and consequently order to refund a sum of Rs.11,36,000/- (Rupees Eleven lakhs thirty six thousand only) paid by me towards lease amount as a highest bidder in the interest of justice and be pleased to pass such other orders. Counsel for the Petitioners: SRI A.K.JAYAPRAKASH RAO Counsel for the Respondents.: GP FOR ENDOWMENTS IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 19440 of 2004 Between: 1. Marriboina Venkata Subbaiah, s/o Nadipi Subbanna, r/o Maduru Village, Chapadu Mandal, Kadapa District. 2. Katam Lakshmidevi, w/o Veeraswamy, r/o Chinnavadaipalle (V), Chapadu (M), Kadapa District. 3. S.Venkata Subbaiah, s/o Usanna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 4. Panditi Chinna Ganganna @ Nalgava Ganganna, s/o Peddanna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 5. Mandagolla Chinna Munaiah, s/o Muni Subbaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 6. Panditi Narayana, s/o Peddanna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 7. Panditi Ganganna, s/o peda Ganganna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 8. Marriboina Lakshmamma, w/o Pedda Pullaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 9. Ramanaboina Subramanyam, s/o R.Pedda Venkata Subbaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 10. Kullu Sanjeevarayudu @ Sanjanna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 11. Mandagolla Muni Subbaiah, s/o Pedda Munaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 12. Naruboina Gurrappa, s/o Obenna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 13. Marriboina Vasudevudu, s/o Obaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 14. Veeraoina Subbanna, s/o Subbaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 15. Danigela Chinna Veerabhadrudu, s/o Chinna Veeranna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 16. Uppalapati Ramachandra Reddy, s/o Venkata Reddy, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 17. Chelluboina Ramakrishna, s/o Chinna Rama Subbanna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 18. Mandegolla Pedda Munaiah, s/o Muni Subbaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 19. Sarukolla Usanna @ Subbanna, s/o Tirupelu, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 20. Ramanaboina Surendra, s/o Pedda Venkata Subbaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 21. Katam Subbarayudu, s/o Chowdaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 22. Mandagolla Venkata Subbamma, w/o Muni Subbaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 23. Mandagolla Lakshmamma, w/o Bala Manaiah, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 24. Panditi Nadipi Ganganna, s/o Peddanna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. 25. Vezzela Subbanna, s/o Santenna, r/o Chinna Varadayapalli Village, Chapadu Mandal, Kadapa District. ..... PETITIONERS AND 1. Sri Narayana Rangaiahgari Choultry, rep., by its Trustee now being rep., by its Manager, Proddatur, Kadapa District-516 360. 2. The Assistant Commissioner, Endowments Department, Kadapa District. 3. Telladala Ramakrishna S/o. Pedda Obulesu 7-1279, Korrapadu Road, Proddatur Mandal & Town, Kadapa District R3 is impleaded as per court order dt. 16-12-2004 in WPMP 28523 of 2004 .....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 an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in evicting the petitioners from the agricultural lands admeasuring Ac.33.95 cents covered by Sy.Nos.113/1, 114, 156/1, 152/2, 166/1, 158, 168 Madduru Village, Chapadu Mandal, Kadapa District by not following due process of law and attempting to take possession under the guise of orders passed under Section 82(3) of A.P. Charitable and Hindu Religious Institutions and Endowment Act 1987 and subsequent auction of lease hold rights on 18-10-2004 as illegal, arbitrary and unjust and without jurisdiction and violation of Articles 14, 21 and 300-A of Constitution of India and consequently set aside the orders dt.6-10-04 of 2nd respondent and auction notice dt.18-10-04 issued by Ist respondent in the interest of justice Counsel for the Petitioner: MR.B.VENKAT RAMA RAO Counsel for the Respondent No.: GP FOR ENDOWMENTS IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 25242 of 2004 Between: 1. Narriboina Venkata Subbaiah, S/o. Nadipi Subbann, R/o. Maduru Village, Chapadu Mandal, Kadapa District. 2. Katam Lakshmi Devei, W/o. Veeraswamy, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 3. S. Venkata Subbaiah, S/o. Usanna, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 4. Panditi Chinna Ganganna, Nargava Ganganna, S/o. Peddannas, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 5. Nandagolla Chinna Munaiah, S/o. Muni Subbaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 6. Panditi Narayana, S/o. Peddanna, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 7. Panditi Ganganna, S/o. Pedda Ganganna, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 8. Marriboina Lakshmamma, W/o. Pedda Pullaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 9. Ramanaboina Subramanyam, S/o. R. Pedda Venkata Subbaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 10. Chinnakka, S/o. Late Kullu Sanjeevarayudu @ Sanjanna, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 11. Mandagolla Muni Subbaiah, S/o. Pedda Munaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 12. Naruboina Gurrappa, S/o. Obenna, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 13. Marriboina Vesudevudu, S/o. Obaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 14. Veeraboina Subbanna, S/o. Subbaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 15. Danigela Chinna Veerabhadrudu, S/o. Chinna Veeranna, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 16. Uppalapati Ramachandra Reddy, S/o. Venkata Reddy, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 17. Chelluboina Ramakrishna, S/o. Chinna Rama Subbanna, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 18. Mandegoila Pedda Munaiah, S/o. Muni Subbaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 19. Sarukolla Usanna @ Subbanna, S/o. Tirupelu, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 20. Ramanaboina Surendra, S/o., Pedda Venkata Subbaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 21. Katam Subbarayudu, S/o. Chowdaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 22. Mandagolla Venkata Subbamma, W/o. Muni Subbaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 23. Mandagolla Lakshmamma, W/o. Bala Manaiah, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 24. Penditi Nandipi Ganganna, S/o. Peddanna, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. 25. Vazzela Subbanna, S/o. Santenna, R/o. Chinnavadaipalle (V), Chapadu Mandal, Kadapa District. ..... PETITIONERS AND 1. Sri Narayana Rangaiaghgari Choultry, rep by its Trustee, now being Rep by its Manager, Proddatur, Kadapa Dsitrict. 2. The Assistant Commissioner, Endowments Department, Kadapa 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 an appropriate Writ, order, or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st Respondent in issuing re-auction Notice, dt. 25-12-2004, holding the auction of leasehold rights in respect of agricultural lands totally admeasuring Ac. 33-95 cents covered by Sy.Nos. 113/1, 113/2, 158, 158/12, 165/A2, 166/1, 157, 172/1B, 150/2 and 168 Maduru Village, Chapadu Mandal, Kadapa District on 3-1-2005 without taking possession of the said lands from the petitioners herein, by following due process of law, as illegal, arbitrary, unjust, and violative of principles of natural justice, and in violation of Article 14, 21 and 300-A of the Constitution of India, and consequently, set aside the Auction Notice, dt. 25-12-2004 for re-auction of leasehold rights of subject lands stated above on 3-1-2005, or any other subsequent date/s by the 1st Respondent herein and be please to pass such further order/s. Counsel for the Petitioner:MR.B.VENKAT RAMA RAO Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : COMMON ORDER: Telladala Ramakrishna, the writ petitioner, filed W.P.No.15921 of 2005 praying for a writ of Mandamus declaring action of the respondents in issuing re-auction notice, dated 12.7.2005, fixing the date of auction of the leasehold rights on 22.7.2005 in respect of agricultural lands totally admeasuring Ac.33- 95 cents covered by Sy.No.113/1, 114, 156/1, 152/2, 166/11, 158, 168 of Madduru village, Chapadu Mandal, kadapa District, as illegal, arbitrary, unjust and violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the same by directing the respondents to issue proceedings of lease for a period of three years from the date of putting the petitioner in possession, by evicting the tenants in occupation of the first respondent by due process of law, pursuant to the auction of leasehold rights on 18.10.2004 for an amount of Rs.14,67,000/- collected from the petitioner and pass such other suitable orders. 2. R-3 in this writ petition was impleaded as a party by order dated 05.02.2008 in W.P.M.P.No.23203 of 2006. 3. The above said writ petitioner filed W.P.No.24897 of 2004 praying for the under noted relief amended as hereunder: The writ petition is filed for a writ of Mandamus declaring the Auction Notification dated 25.12.2004 issued by the first respondent holding re-auction of leasehold rights of lands admeasuring Ac.32- 95 cents covered by Sy.Nos.113/1, 113/2, 158, 158/1, 165/A2, 166/1, 157, 172/1B, 150/2 and 168 of Madduru village on 03.01.2005, as illegal, contrary to law, whimsical, arbitrary and in violation of Articles 14, 21 and 300-A of Constitution of India and consequently set aside the same and pass such other suitable orders. 4. The alleged tenants, who are encroachers, filed W.P.No.19440 of 2004 praying for a writ of Mandamus declaring action of the respondents in evicting the petitioners from the agricultural lands admeasuring Ac.33-95 cents covered by Sy.Nos.113/1, 114, 156/1, 152/2, 166/1, 158, 168 of Madduru village, Chapadu Mandal, Kadapa District by not following due process of law and attempting to take possession under the guise of orders passed under Section 82 (3) of A.P. Charitable and Hindu Religious Institutions and Endowment Act, 1987 and subsequent auction of leasehold rights on 18.10.2004, as illegal, arbitrary, unjust, without jurisdiction and violative of Articles 14, 21 and 300-A of Constitution of India and consequently set aside the orders dated 06.10.2004 of respondent No.2 and auction notice dated 18.10.2004 issued by respondent No.1 and pass such other suitable orders. 5. Likewise, W.P.No.25242 of 2004 also had been filed praying for a writ of Mandamus declaring action of the first respondent in issuing re-auction notice dated 25.12.2004 holding the auction of leasehold rights in respect of agricultural lands totally admeasuring Ac.33-95 cents covered by Sy.Nos.113/1, 113/2, 158, 158/1, 165/A2, 166/1, 157, 172/1B, 150/2 and 168 of Madduru village, Chapadu Mandal, Kadapa District on 03.01.2005 without taking possession of the said lands from the petitioners by following due process of law, as illegal, arbitrary, unjust, violative of principles of natural justice and violative of Articles 14, 21 and 300-A of Constitution of India and consequently set aside the auction notice dated 25.12.2004 for re-auction of leasehold rights of subject lands stated above on 03.01.2005 or any other subsequent date/s by the first respondent and pass such other suitable orders. 6. In view of communality of the subject matter and the factual matrix, all these writ petitions are being disposed of by a common order. 7. Heard Sri B. Venkat Rama Rao, learned counsel representing the alleged tenants or encroachers, Sri A.K. Jaya Prakash Rao, learned counsel representing the writ petitioner in W.P.No.15921 of 2005 and connected writ petition, Sri V.T.M. Prasad, learned counsel representing the institution and the learned Assistant Government Pleader for Endowments. 8. W.V.M.P.No.3445 of 2007 is filed by Sri Narayana Rangaiahgari Choultry-institution to vacate the interim order in W.P.M.P.No.20221 of 2005 in W.P.No.15921 of 2005 dated 21.7.2005. Counter-affidavits had been filed in W.P.No.15921 of 2005, W.P.No.24897 of 2004 and W.P.No.25242 of 2004. 9. Sri B. Venkat Rama Rao, learned counsel appearing for the alleged tenants/encroachers would maintain that unless the procedure as contemplated by the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter in short referred to as ‘the Act’ for the purpose of convenience) is followed, there cannot be any auction which can be conducted and these tenants in fact are entitled to the benefits and without deciding the said issue, though the same is pending before the Regional Joint Commissioner, Endowments, further proceeding with the matter under the guise of conducting auction to the lands in question cannot be sustained. The learned counsel pointed out to the factual controversy and would maintain that in the facts and circumstances of the case the alleged panchanama of delivery of possession, these aspects cannot be believed at all. 10. Sri A.K. Jayaprakash Rao, would maintain that inasmuch as no possession had been delivered, for appropriate reliefs the writ petitions were filed. The learned counsel also would submit that in the light of the facts and circumstances it would be just and equitable to order refund of the amount, since never the successful bidder again was inducted into possession. The same is amply established even by the report of the learned Junior Civil Judge. The learned Asst. Government Pleader for Endowments would maintain that these alleged tenants/encroachers are not entitled to any of the benefits under the Act since one of the ingredients are satisfied. The learned counsel also relied upon certain decisions in this regard. 11. Heard the counsel and perused the material available on record. 12. The petitioner Telladala Ramakrishna in W.P.No.15921 of 2005 averred that originally the first respondent issued auction notification on 15.10.2004 fixing the date as 18.10.2004 for auction of leasehold rights of the lands totally admeasuring Ac.33-95 cents covered by Sy.Nos.113/1, 114, 156/1, 152/2, 166/11, 158 and 168 of Madduru village, Chapadu Mandal, Kadapa District, which were in possession of the tenants Marriboina Venkata Subbaiah and 23 others and in the said auction conducted by the first respondent on 18.10.2004, the petitioner was declared as the highest bidder and the said auction was knocked down in his favour for a sum of Rs.14,67,000/-. On the said date the participants were informed that the lease was for a period of three years and the petitioner was asked to deposit Rs.1,000/- for participation in the auction and no specific terms and conditions for deposit of bid amount was notified. Pursuant to declaring the petitioner as the highest bidder, he was asked to deposit a sum of Rs.8,80,000/- on the same day and accordingly the petitioner had deposited the same in cash with the first respondent under acknowledgment and subsequently on 23.10.2004 and on 25.10.2004 the petitioner had deposited Rs.1,56,000/- and Rs.1,00,000/- in cash respectively as demanded by the first respondent under the bona fide impression that the lease was for a period of three years. In all, by the said date, the first respondent collected Rs.11,36,000/- out of Rs.14,67,000/- towards lease bid amount stating that the remaining balance would be received on handing over actual and physical possession of the lands in question, by evicting the tenants of the first respondent in occupation, in view of the standing crop the then existing. It is also averred that the petitioner has been requesting the first respondent to put him in possession of the lands in question by evicting the tenants in occupation by due process of law. 13. The tenants in occupation had filed W.P.No.19440 of 2004 questioning the very auction of leasehold rights and the petitioner himself got impleaded as third respondent in the said writ petition. The petitioner complained in the said writ petition as to not handing over physical possession of the lands in question to him pursuant to declaring him as the highest bidder and collecting substantial part of lease amount. While so, the first respondent issued re-auction notice for the second time, fixing the auction of leasehold rights on 03.1.2005 alleging that the petitioner had not paid the entire bid amount of Rs.14,67,000/-. In the circumstances the petitioner filed W.P.No.24897 of 2004 assailing the action of the first respondent in not issuing proceedings of leasehold rights and not putting him in possession by evicting the tenants in occupation and sought for refund of Rs.11,36,000/- deposited by him. This Court granted interim direction to the respondents not to auction the leasehold rights on condition that the petitioner shall deposit the balance of lease amount of Rs.3,30,000/-. Pursuant to the interim direction, the petitioner gave representation on 02.01.2005 to the respondents requesting them to hand over possession to him and also to comply the statutory requirements for execution of the lease according to the rules and thereafter on 15.01.2005 in compliance of the directions of this Court, he deposited Rs.3,30,000/- with the first respondent under acknowledgment. On 4.4.2005 and 10.4.2005 also the petitioner made representations to the respondents. It is also stated that the first respondent, without adverting to the representations given from time to time and even without commencement of the lease under the original auction dated 18.10.2004 in his favour, issued a notice asking the petitioner to pay further amount of Rs.14,67,000/- as lease amount for 2005-06 which was more than the actual value of the lands. The petitioner had filed his objections to the said notice dated 19.4.2005. Further, it is stated that to his surprise, the first respondent with ante-date 12.7.2005 had issued pamphlets fixing the date of action of the leasehold rights of the lands in question on 22.7.2005 and the same is impugned in the present writ petition. 14. The relevant provisions of the Act aforesaid Act 30 of 1987 and also the relevant Rules of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Rules, 2003 (hereinafter in short referred to as ‘the Rules’ for the purpose of convenience) also had been referred to. 15. Respondent No.3, who came on record, no doubt made certain averments in the affidavit in implead application