THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY Writ Petition No. 10952 OF 2006 Dated: 01.06.2006 Between: 1. Vulavala Govinda Raju, S/o late Brahama Raju, aged about 30 years, Occ. Cultivation, R/o Kummarapuram Village, Pithapuram Mandal, E.G. District and others ..... PETITIONERS AND 1 The Assistant Commissioner, Endowments Department, Rajahmundry, E. G. District and others Respondents. THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY Writ Petition No. 10952 OF 2006 ORDER: The petitioners state that they are lessees in respect of various extents of land held by Sri Malladi Satyaling Nayakar Charities, an Institution governed by the provisions of Andhra Pradesh Charitable Hindu Religious Institutions and Endowments Act. Consequent upon the amendment to Section 82 of the Act, the petitioners submitted an application before the Assistant Commissioner of Endowments, the first respondent herein to recognize them as landless poor and the same is said to be pending. The grievance of the petitioners is that the first respondent without issuing any notice is trying to evict them from the lands in question. Heard the learned counsel for the petitioners and the learned Government Pleader for Endowments. As of now, the claim of the petitioners for being recognized as landless poor is pending before the first respondent. By operation of Section 82 of the Act, all leases in respect of agricultural lands held by Endowments Institutions stood cancelled. The Leasehold rights in respect of such lands have to be awarded invariably by conducting public auction. In case an existing lessee is recognized as landless poor, he would be entitled to continue as lessee by paying concessional rent. Even to ascertain the rent that the property may fetch, auction has to be conducted. The rights of the petitioners can be protected by directing that they can participate in the auction and be continued as lessees, in case they are prepared to pay highest amount that is fetched in the auction subject to the outcome of the appeal preferred by them. Hence, the Writ Petition is disposed of directing thus: a. It shall be open to the petitioners to participate in the auction and in case they are prepared to pay the highest amount of the lease that is fetched in the auction, the petitioners shall be entitled to be granted fresh lease subject to there not being any arrears from them. b. In case the highest bidder is prepared to offer any amount or quantity of grain more, the limited auction between such highest bidder and the petitioners, shall be conducted again and the grant of lease would depend upon the outcome of the same. c. The grant of lease if any, as indicated above, in favour of the petitioners would be subject to the outcome of the application filed by the petitioners pending before the first respondent for being recognized as landless poor. _______________________ L. NARASIMHA REDDY, J DATED: 01.06.2006 PNB/ka