IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18913 of 2006 Between: Uppala Jayaramaiah S/o.China Subbaiah r/o.Gamallapalem, h/o.Dakshina Harijanawada Kodavaluru Mandal,Nellore District ..... PETITIONER AND 1 The Commissioner of Endowments, Government of Andhra Pradesh, Hyderabad 2 The Deputy Commissioner of Endowments, Guntur 3 The Assistant Commissioner of Endowments, Nellore 4 Sri puta Pakeer Changaiahdas mutt, Gamallapalem rep.by its Manager, Kodavaluru Group of Temples, Kodavaluru village & Mandal, Nellore District .....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 order writ or direction more particularly one in the nature of writ of mandamus Under Article 226 of the Constitution of India declaring the in action of the 3rd respondent in considering the applications ﬁled by the petitioner dated 6.4.2004 and 8.7.2006 to declare him as a landless poor person and that he is entitled to continue to be the statutory tenant in respect of Ac.1.00 of wet land in Sy.No.36 of Gamallapalem village h/o.Dakshina Harijanawada, Kodavaluru Mandal, belonging to the 4th respondent Mutt and further action of the 4th respondent in proposing to hold public auction of the lease hold rights in respect of the said land by mentioning S.No.38 instead of 36 by issuing the impugned auction notice dated 3.9.2006 as illegal, arbitrary, unjust and violative of Sec.82 (2) of the Act and Rules 3 and 5 of the Rules and consequently set aside the auction notice issued by the 4th respondent and direct the 3rd respondent to consider and dispose of the applications ﬁled for declaring the petitioner as landless poor persons and continue him as a statutory tenant in respect of the said land. Counsel for the Petitioner:MR.P.SRIDHAR REDDY Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following : ORDER: The petitioner approached this Court by ﬁling this writ petition, with a prayer to declare the inaction of the Assistant Commissioner of Endowments, Nellore, the third respondent herein, in attending the application submitted by the petitioner to declare him as landless poor and the action of the fourth respondent in proposing to conduct auction of leasehold rights in respect of one acre of land in survey No.36 of Gamallapalem Village, Kodavaluru Mandal, Nellore District, as illegal and arbitrary. Heard learned counsel for the petitioner and learned Government Pleader for Endowments. On 13.09.2006, while issuing notice before admission, this Court passed a detailed interlocutory order. A speciﬁc direction was issued to the third respondent to decide the claim petition of the petitioner, in the context of his being declared as landless poor for availing the beneﬁt under Section 82 of Act 30 of 1987. Secondly, the proposed auction was not stayed and the petitioner was permitted to participate therein. With this, the two-fold grievance of the petitioner virtually stood redressed. Hence, the Writ Petition is closed. There shall be no order as to costs. ____________________ Dt.09.09.2008 L.NARASIMHA REDDY, J GJ