IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 8865 of 2003 Between: 1 G.SAMBASIVA RAO, S/O.MUSALAIAH, R.O,CHEVALI,VEMURU MANDALAM,GUNTUR GUNTUR 2 S.JANAKAMMA, W/O.LATE VEERASEKHARA RAO, 3 D.MOHAN RAO, S/O.D.SATYANARAYANA, 4 V.VEERAIAH, S./O.VENKATESWARLU, 5 V.VENKATESWARLU, S/O. LAKSHMINARAYANA, 6 V.RAMASWAMHY, S/O.LAKSHMINARAYANA, 7 V.SUBRAHMANYESWARA RAO, S/O.V.HANUMANTHA RAO, 8 V.HANUMANTHA RAO, S/O.VISWANADHAM, 9 B.VENKATESWARLU, S/O.KRISHNAIAH, ..... PETITIONER(S) AND 1 ASST.COMMR.OF ENDOWMENTS,GUNTUR 2 Sri Valeswara Swamy Temple, Chavali, Vemuru Mandalam, rep. by its Executive Officer, Guntur District. 3 Sri Venugopala Swamy Temple, rep. by its Executive Officer Chavali, Vemuru Mandalam, Guntur District. .....RESPONDENT(S) 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 to issue any approprieate order or direction or a wrti more particularly a writ in the naute of mandamus to set aside the notice dated 12.4.2003 issued by the 2nd and 3rd respondets herein as the impugned notice is illegal,void and without jurisdiction as the ntoice was issued without followingt the rpocedure laid down as peer rules framed in g.o.m.s.no.379,dated 11.3.2003 under ap.caritable and hindu religious institutions endowments act,1987,act 30/87)by directing the respondents herein not to evict the petitioners from the lands of sri valeswara swamy stemple,cavali,and sri venugopala swamy temple,chavali,vemuru mandalam,guntur dt,which is in petitioners possession and to pass such other order or order. Counsel for the Petitioner:MR.G.DHARMA RAO Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 8865 of 2003 ORAL ORDER: The writ petition is misconceived. The petitioners, nine(9) in number, vaguely claim to be cultivating tenants of distinct extents of lands belonging to Sri Valeswara Swamy and Sri Venugopala Sway temples, Chavali, Vemuru Mandal, Guntur District. They also claim to be landless poor persons. The petitioners assert to be in possession of the lands since 1954, regularly paying the lease amounts without default. The 2nd and 3rd respondents enhanced the lease amount (makta) during 2000, which they are regularly paying. On 12-04-2003 the 2nd and 3rd respondents issued notices to the petitioners stating that under Section.82(1) of The Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act,1987 (for short “The Act”) the petitioners’ lease stood determined and lands in their possession will be leased out in open action. The petitioners were asked to handover possession of the lands to the 2nd and 3rd respondents within 30 days. The petitioners assert that being landless poor persons they are entitled to the benefits under Section.82 of the Act. It requires to be noticed that the writ petition was filed in 2003. The ages of the petitioners as set out in the cause title to the extent relevant and material are; the 1st petitioner’s age is 58 years, 3rd petitioner 55 years, the 4th petitioner 60 years, the 5th petitioner 55 years, the 6th petitioner 45 years, the 7th petitioner 38 years and the 9th petitioner 60 years (as on 2003). All these petitioners were therefore minors in 1954. The petitioners do not spell out how they obtained leases as minors in 1954. They do not also plead any facts as to when they were initially granted leases, when the leases were extended and the date up to which the current leases if executed is valid. In these circumstances, the petitioners’ vague assertion to being lessees of endowment lands cannot be taken to be true. Unless the petitioners show that they are lawfully the cultivating tenants of endowments lands they cannot claim the benefits available to landless poor persons under Section.82 of the Act. Section.82 of the Act does not confer benefits to all landless poor persons. The benefit is confined to those landless poor persons who are cultivating tenants of lands belonging to an endowment institution. As the petitioners have not prima facie established even on pleadings that they are cultivating tenants of the respondent Nos.2 and 3-Devastanams the petitioners cannot be granted relief in this writ petition. The writ petition is misconceived and is accordingly dismissed. The interim order dated.06-05-2003 stands dissolved. No order as to costs. _________________ GODA RAGHURAM,J 25TH APRIL 2008 TSNR