IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.12273 of 2009 Between: Nadampilli Nagaraju S/o Surapa Raju Rellugadda(V) Allavaram(M) East Godavari District ..... PETITIONER AND 1 Assistant Commissioner, Endowments Department, Danavaipeta, Rajahmundry, East Godavari District. 2 Sri Venugopalaswamy Vari Devasthanam, rep. by its Manager, Rellugadda(V), Allavaram(M), East Godavari 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 may be pleased to issue any appropriate writ order or direction preferably a writ in the nature of Mandamus declaring the action of the 2nd respondent in issuing the auction notification dt. 12-6-2009 for the land of an extent of Ac 3.00 situated in Sy.No.49/1 of Rellugadda(V) Allavaram(M) East Godavari District as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act and consequently direct the respondents to declare the petitioner as a landless poor person. Counsel for the Petitioner: MR.Y.SUDHAKAR Counsel for the Respondents: GP FOR ENDOWMENTS MR. V.T.M. PRASAD The Court made the following: ORDER: This writ petition is filed questioning the auction notification dated 12.06.2009 issued by the 2nd respondent- Sri Venugopalaswamy Vari Devasthanam, Rellugadda Village, Allavaram Mandal of East Godavari District, represented by its Manager, proposing to conduct public auction on 24.06.2009, for auctioning the leasehold rights of land in an extent of Ac.3.00 in Sy.No.49/1 of Rellugadda Village, Allavaram Mandal of East Godavari District, along with other lands belonging to Devasthanam, for a period of three years i.e. from 2009-2010 to 2011-2012. The petitioner claims that he was cultivating the land in an extent of Ac.3.00 in Sy.No.49/1 of Rellugadda Village, Allavaram Mandal of East Godavari District, belonging to the 2nd respondent Devasthanam, for the past few years, as a lessee, and was paying maktha regularly. It is his grievance that he is a landless poor person and has no other source of livelihood except cultivation of the aforesaid land, and that, without any notice and without affording an opportunity to him to exercise his option for continuing in possession of the said land as a cultivating tenant, as required under law, the impugned auction notification was issued. He relies on a certificate purported to have been issued by the Village Revenue officer, Rellugadda, certifying that he is a small farmer, cultivating the land in question as a lessee, and does not own any land in his name. Heard both sides. Admittedly, there is no lease deed executed in favour of the petitioner by the 2nd respondent Devasthanam, conferring leasehold rights of the land in question. In such circumstances, the petitioner has no legal right to question the impugned auction notification. There are no grounds to grant the relief sought for by the petitioner and the writ petition is devoid of merits. However, the petitioner is at liberty to participate in the auction. The writ petition is accordingly dismissed. No costs. _________________ JUSTICE N.V. RAMANA 24th June, 2009 IBL