HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 13966 of 2009 Oral order: The petitioner states that he is the cultivating tenant of the land in an extent of Ac.03.00 cents in R.S.No.429/1 of Siddhanatham village, Penugonda Mandal, West Godavari District, belonging to the 2nd respondent-Temple and that prior to him, his father and grandfather were the cultivating tenants. While so, the petitioner states that except the above land, he has no other source of income or livelihood, and therefore, he made representation to the 1st respondent, namely the Assistant Commissioner of Endowments, Eluru, West Godavari District, to declare him as small farmer. Now, it is the grievance of the petitioner that while the said representation is pending, the 2nd respondent-Temple is proceeding to auction the leasehold rights of the land which is in his possession and cultivation. Hence, he filed the present writ petition. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Endowments appearing for the 1st respondent and the learned Standing Counsel for the 2nd respondent- Temple. Though the petitioner in support of his claim that he made representation to the 1st respondent to declare him as small farmer, the fact remains that a copy of the said representation which is produced before the Court discloses that it is not made in terms of G.O. Ms.No. 379, and further the acknowledgement does not contain any seal of the 1st respondent. On the other hand, it is the case of the 2nd respondent- Temple that the lease granted in favour of the petitioner expired in the month of March, 2009 itself. Since the lease granted in favour of the petitioner expired, and the petitioner having not placed any material to show that he has made representation to declare him as small farmer in terms of G.O. Ms. No. 379, no exception can be taken to the action of the 2nd respondent-Temple in seeking to auction the leasehold rights of the land in question. Hence, the writ petition is dismissed. However, the petitioner is at liberty to participate in the auction. No costs. ________________ N.V. RAMANA, J. Dated: 24th July, 2009 KSR