HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.12505 of 2011 ORDER: Heard the learned Counsel for both sides and with their consent this writ petition is being disposed of at the stage of admission. The petitioner claiming to be a tenant has filed this writ petition to declare the action of the respondents in conducting public auction of the leasehold rights in respect of an extent of Ac.5.00 of land situated in Sy.No.16 of Pedaparimi village, Thullur Mandal, Guntur District, without dispossessing her from the land in question as illegal and contrary to the Rules issued in G.O.Ms.No.379, Revenue Endowments, dated 11.03.2003. Admittedly, the 1st respondent-temple is the owner of the subject land admeasuring an extent of Ac.5.00 situated in Sy.No.16 of Pedaparimi village, Thullur Mandal, Guntur District. The petitioner states that her husband was the cultivating tenant of the said land and after his demise on 20.11.2009, she made a representation to the Endowment Department to continue her as a lessee, but no orders were passed on the said representation. But, however, she is said to have been in continued occupation of the said land. Ultimately, the said representation was rejected on 08.05.2010. The petitioner states that the committee of the 1st respondent-temple passed a resolution continuing the leasehold rights in her favour for a period of two years i.e., for the period 2010—2012. She, therefore, contends that she continued to be in lawful possession of the said land under a valid lease. Even though, it is sought to be contended that the lease is still valid up to 2012, no material has been placed before this Court in that regard. It is, therefore, evident that there is no subsisting lease in her favour. The petitioner, however, contends that since she has remained in possession even after rejection of her representation on 08.05.2010, she at the most is liable to be treated as an encroacher, in which event, she cannot be dispossessed except by following due process of law. The 1st respondent has filed counter-affidavit stating that even though the husband of the petitioner was a tenant and after his death, the petitioner continued to be in occupation of the subject land unauthorizedly without any lease or recognition in her favour. Her application to declare as a landless poor person was rejected by the 2nd respondent by orders dated 08.05.2010. Steps were taken to conduct public auction of the leasehold rights on 14.06.2010, but on account of the interim orders obtained by the petitioner in W.P.No.13254 of 2010, auction could not take place as no bidders came forward to bid in the auction due to the pendency of the said writ petition. Subsequently, the said writ petition was dismissed on 11.08.2010. Even though the petitioner was permitted to reap the crop for the year 2010-2011, she did not pay the agreed maktha of Rs.51,000/-. The petitioner, therefore, has no right to continue in the said land nor she has a right to challenge the impugned public auction. It is also stated that the public auction scheduled on 27.04.2011 was postponed and it was held on 27.05.2011. One Sri Bhashyam Srinivasa Rao became the highest bidder for an amount of Rs.1,21,500/- towards maktha and in view of the interim orders granted by this Court in this writ petition, the lease has not been finalized. From the aforesaid facts and rival contentions, evidently the petitioner is in occupation as an encroacher of the subject land. Indisputably, she has also defaulted in payment of maktha as agreed to between the parties. No discernable right has been shown to exist in her favour to interfere with the impugned public auction held by the 1st respondent. In this view of the matter, the petitioner is not entitled for any discretionary relief in this writ petition. She being an encroacher cannot be allowed to say that she should be evicted only after following due process of law. The Writ Petition is accordingly dismissed. No order as to costs. As a sequel to dismissal of the main writ petition, the interim order dated 27.04.2011 granted by this Court stands vacated. ___________________ JUSTICE NOUSHAD ALI 20-06-2011 Gsn.