HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.25712 of 2011 Date: 14-9-2011 Between G.Bhakthavasthala Reddy … Petitioner and Sri Sundareswara Swamy Vari Devastanam, Rep. by its Executive Officer, Endowments Department, Unuguntapalem village, Kota Mandal, P.S.R.Nellore district and 3 others … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.25712 of 2011 Order: Petitioner, who was a lessee of land belonging to the 1st respondent-temple, has filed this writ petition to declare the notification dated 01-9-2011 issued for granting lease hold rights in open auction as illegal. 2. It is the case of the petitioner that he obtained lease hold rights for an extent of Ac.70-60 cents of land, situated in Survey Nos.209 to 212 of Unuguntapalem village, Kota Mandal, P.S.R. Nellore district, in an open auction conducted on 06-9-2007. The lease was for a period of three years i.e., from 2007-08 to 2009- 10. He states that after the expiry of the lease, he approached the 3rd respondent-Commissioner of Endowments for cancellation of lease and a proposal in that regard is pending consideration. He, therefore, contends that the auction proposed by the 1st respondent is neither warranted nor justified. 3. Admittedly, the petitioner was granted lease for a period of three years, which has expired. Therefore, the lease hold rights, if any, of the petitioner are extinguished. Under Rule 7 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 issued in G.O.Ms.No.379 Revenue (Endo.I), dated 11-3-2003, all leases shall be by public auction. Therefore, the petitioner is not entitled for extension of lease as a matter of right. It is true under the proviso to the said rule that the competent authority i.e., the 2nd respondent-Assistant Commissioner of Endowments is competent to permit the lease otherwise than by public auction, if he is satisfied for the reasons to be recorded in writing that such lease is in the interests of the institution. But such power shall be exercised only on the request made in writing by the executive authority. Admittedly, in the instant case, the executive authority or the 1st respondent-temple has not made any such request. Therefore, even the 2nd respondent- Assistant Commissioner of Endowments cannot grant any extension of lease. 4. In the circumstances, the writ petition is devoid of merits and the same is dismissed, at the stage of admission. No costs. ___________________ NOUSHAD ALI, J. 14th September, 2011. Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.25712 of 2011 14th September, 2011. (Ak)