IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION No. 14173 of 2005 Between: Appikatla Somaiah S/o. Rattaiah R/o. Nakkavanidari hamlet of Lingareddipalem Kodur Mandal (Divi Taluk) Krishna District. ..... PETITIONER AND 1 The Assistant Commissioner Endowments Department Vijayawada Krishna District. 2 Sri Gokarneswara Swamy Temple Lingareddypalem, Koduru Mandal, Krishna District Rep.by its Manager (Executive Officer) .....RESPONDENTS 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 issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus to declaring the action of the respondents in conducting public auction for the wet lat in R.S.no.601 admeasuring Ac.3.19 cents situated at Lingareddypalem, Kodur Mandal, Krishna district which are in possession of the petitioner vide auction notification dated 18-6-2005 issued by the 2nd respondent herein without deciding the claim of the petitioner as a landless poor is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently declare that the petitioner is entitled to have leasehold rights against the said land. Counsel for the Petitioner: MRT.N.M.RANGA RAO Counsel for the Respondent No.1: GP FOR ENDOWMENTS Counsel for the Respondent No.2: N.INDRANI The Court at the stage of admission made the following: ORDER: At admission of this writ petition, it is seen that the petitioner is a lessee of agricultural lands classified as wet belonging to the 2nd respondent-Devasthanam in an extent of Ac.3.19 cents. The lease in favour of the petitioner stood determined by the provisions of Section 82 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as “the Act”). In the light of the provisions of Section 82 (2) of the Act, having regard to the fact that the petitioner is cultivating an extent of Ac.3.19 cents of wet land, is not entitled to be considered as a landless poor person and therefore to the benefits under Section 82(2) of the Act. The petitioner has thus no legal defence from eviction of the lands in question. He has filed the writ petition aggrieved by the steps allegedly being taken by the respondents to auction the leasehold rights of the 2nd respondent temple lands for a future term. Such action of the respondents is impeccable in the facts and circumstances of the petitioner’s case. The petitioner is, however, entitled to participate in the auction and bid for the leasehold rights for the future term, which would be considered in the competitive environment. With the above observations, the writ petition is dismissed. ___________________ GODA RAGHURAM,J Dated: 01.07.2005 Dsr ASSISTANT REGISTRAR To: 1. The Assistant Commissioner, Endowments Department, Vijayawada, Krishna District 2. Two CCs to the Government Pleader for Endowments, High Court Buildings, Hyderabad (OUT) 3. Two CD copies Form-NIC-OGS/WP{CHP}