THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 16894 OF 2010 Date: 16.07.2010 Between: Smt.Kurapati Leelamma ..... PETITIONER AND The Commissioner of Endowments, Government of A.P., Hyderabad and others .....RESPONDENTS The Court made the following:- THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.16894 of 2010 O R D E R : This writ petition is filed seeking a declaration that the auction notice dated 07.07.2010 issued by the 4th respondent proposing to conduct the auction on 17.07.2010 for grant of lease hold rights for the period from 2010-2011 to 2012 –2013 of the land in survey Nos.274/1, 2 276/1, 251/2 admeasuring Ac.5.11 cents situated at Nagaram village and Mandal, Guntur District as arbitrary and illegal. The petitioner states that she was granted lease in respect of the land in question for the year 2006 - 2007 and thereafter, the lease in her favour was extended from time to time on payment of enhanced maktha. The only ground on which the impugned auction notice is challenged in this writ petition is that the petitioner being a landless poor person is entitled to the statutory benefit under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, ‘the Act’) and therefore the action of the respondents in putting the lease hold rights of the land in question to auction, without any prior notice to the petitioner is arbitrary and illegal. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the 4th respondent-Temple. Even according to the petitioner, she came into possession of the land in question only in the year 2006 pursuant to the lease granted for the year 2006-2007. As the lease in her favour was not subsisting as on the date of the commencement of the Act, even assuming that she is a landless poor person, she is not entitled to the benefit under Section 82(2) of the Act. Admittedly the period of lease in her favour expired. Hence, the 4th respondent is justified in putting the lease hold rights to auction and if the petitioner so desires she can also participate in the same. The Writ Petition is accordingly dismissed. No costs. ​ ____________ Date: 16.07.2010 G. ROHINI, J Ivd