THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 14511 OF 2010 Date: 14.07.2010 Between: Chinnam Thatha Reddy ..... PETITIONER AND Assistant Commissioner, Endowments, Rajahmundry and 2 others .....RESPONDENTS The Court made the following:- THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.14511 of 2010 O R D E R : This writ petition is filed seeking a declaration that the action of the respondents 1 and 2 in conducting auction on 15.05.2010 for grant of lease hold rights in respect of the land admeasuring Ac.3.08 cents (dry) in survey No.83/1 of Ryali village, Atreyapuram Mandal, East Godavari District as arbitrary and illegal. It is claimed by the petitioner that he has been in possession and enjoyment of the land in question as cultivating tenant for more than 40 years and that the application filed by him to declare him as a landless poor person is pending before the 1st respondent. Contending that the impugned action of the respondents 1 and 2 in conducting the auction for grant of lease hold rights while his application is still pending before the 1st respondent and while he is still continuing in possession and enjoyment, is arbitrary and illegal, the present writ petition has been filed. The 2nd respondent filed a counter affidavit stating that in the auction held on 15.05.2010 twenty persons, including the petitioner, had participated. It is further stated that one Bandula Guravaiah was the highest bidder for Rs.30,100/- per acre per annum, whereas the petitioner herein had quoted Rs.9,300/- per acre per annum. It is also stated that pursuant to the said auction, the Deputy Commissioner, Kakinada had approved the lease as required under Rule 16 of the statutory Rules, vide proceedings dated 26.06.2010 and thereafter the land was handed over to the highest bidder. The plea of the petitioner that he made an application for declaration as a landless poor person and the same is pending before the 1st respondent has also been denied. No reply affidavit is filed nor any other material could be placed before this Court contradicting the stand taken by the respondents. In the circumstances, the Writ Petition being devoid of any merit is hereby dismissed. However, the learned counsel for the petitioner states that there is standing crop and therefore the petitioner may be permitted to continue in possession till the crop is harvested. It is open to the petitioner to make such a request before the 2nd respondent-Temple in which event the same may be considered in accordance with law. No costs. ​ ____________ Date: 14.07.2010 G. ROHINI, J Note: Issue CC of order in one week (B/o) Ivd