HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.22535 of 2011 Date: 10-08-2011 Between Karutoori Viswanadham … Petitioner and Regional Joint Commissioner, Endowments Department, Kakinada & 2 others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No. 22535 of 2011 ORAL ORDER Having regard to the short relief sought during the course of hearing, this writ petition is being disposed of at the admission stage with the consent of learned counsel for the petitioner and Sri V.T.M. Prasad, learned Standing Counsel for Respondent No.3. Petitioner was a cultivating tenant in respect of the land to an extent of Ac.5-16 cents in R.S.No. 252 of Tadiparru, Undrajavarm Mandal, West Godavari District. The said land belongs to Sri Someswara Swamy Temple, Tadiparru. Petitioner was granted lease of the said land on 24.7.2003 for a period of three years and was extended for a further period of three years upto 23.7.2006-09. Since the lease expired in 2009, the petitioner approached the 2nd respondent-Asst. Commissioner of Endowments seeking sale of the land in his favour by invoking the provisions of Section 82 of A.P. Charitable Institutions and Hindu Religious Endowments Act, 1987. The request of the petitioner was negatived by the 2nd respondent vide Orders No. A1/9392/2009, dated 22.1.2010. The Said Order was confirmed by the Regional Joint Commissioner, Endowments Department in Appeal No. 2 of 2010, dated 31.12.2010. While dismissing the appeal, the Regional Joint Commissioner, however permitted the petitioner to harvest the standing crop raised by him subject to the condition of paying the rent fixed by the competent authority. It appears that by virtue of the said orders, the petitioner was continued to be in possession of the land on payment of Maktha. In the meanwhile, the impugned notification dated 13.7.2011 has been issued proposing to auction the leasehold rights of the said land. The Petitioner has therefore filed this Writ Petition for a direction permitting him to harvest the crop. Since the Regional Joint Commissioner, Endowments Department himself has permitted the petitioner vide orders in appeal in ROC No.2/2010 dated 31.12.2010 which order appears to have been final, the petitioner is entitled to harvest the crop. Learned counsel for the petitioner further submits that the petitioner would be able to harvest the crop within a period of three months from today. In the aforesaid circumstances, I deem it appropriate to dispose of the Writ Petition with the following directions: 1) Petitioner is granted time till 30.11.2011 within which period the petitioner is entitled to harvest the crop. 2) Petitioner shall continue to pay the Maktha without any default. 3) Petitioner shall file an undertaking within a period of two weeks from today that he will hand over the possession of the subject land on or before 30th November, 2011 without any let or hindrance. 4) In default of any of the aforesaid clauses, this order stands vacated. 5) In the meanwhile, the auction proposed under the notification dated 30.7.2011 may go on and the same may be confirmed with effect from 1.12.2011. Accordingly, the writ petition is disposed of. No costs. ___________________ NOUSHAD ALI, J 10.8.2011 CHV