IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 6513 of 2008 Between: V.Suresh Babu S/o.Satyanarayana R/o.Ryali Village, Atreyapuram Mandal, East Godavari District. ..... PETITIONER AND 1 The Regional Joint Commissioner Multi Zone-I, Endowments Department, Kakinada, EAst Godavari District. 2 The Assistant Commissioner Endowments Department, Rajahmundry, EAst Godavari District. 3 The Executive Officer, Sri Jaganmohini Keshava and Gopala Swamy Temple, Ryali village, Atreyapuram Mandal, East Godavari District. .....RESPONDENT(S) 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 writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents by putting the lease hold rights to auction on 26.3.2008 at 11 A.M. in respect of lands situated at Ryali Village, Atreyapuram Mandal, East Godavari District admeasuring Ac. 2.35 Cents in Sy.No. 9/1 belonging to Sri Jaganmohini Keshav and Gopala Swamy Temple as illegal, unjust, and against the principles of natural justice and contrary to article 14 of the Constitution of India and consequently direct the respondents to continue the petitioner to cultivate the lands situated at Ryali Village, Atreyapuram Mandal, East Godavari District admeasuring Ac. 2.35 Cents in Sy.No. 9/2 belonging to Sri Jaganmohini Keshav and Gopala Swamy Temple as land less poor person lessee and consequently set aside the auction of lease hold rights in respect of lands situated at Ryali Village, Atreyapuram Mandal, East Godavari District admeasuring Ac. 2.35 Cents in Sy.No. 9/2 belonging to Sri Jaganmohini Keshav and Gopala Swamy Temple in the interest of justice and pass such other order or orders. Counsel for the Petitioner: MR.M.RATNA REDDY Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following : W.P.NO. 6513 OF 2008 ORDER: This writ petition is filed questioning the action of the respondents in putting the leasehold rights of the petitioner into auction in respect of endowment land and seeking a direction to the respondents to continue the lease in favour of the petitioner. According to the petitioner, his grand-father was granted lease in respect of land belonging to 3rd respondent- temple in the year 1974-75 and thereafter the petitioner was also granted lease of the said land and since then he is in continuous possession and enjoyment of the same. It is the further submission of the petitioner that he has been paying the rents as fixed by the Endowment authorities. As the petitioner claims to be a landless poor person, he gave a representation to the 2nd respondent not to evict him from the land in question. The said representation was rejected, against which an appeal was preferred before the 1st respondent. The said appeal was also rejected. The petitioner also filed an application seeking review of the order passed in the appeal. Be that as it may, as an auction notification was issued stating that auction would be conducted on 26.3.2008, the petitioner approached this Court and filed the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Endowments. Till 1980 the petitioner and his grand-father were having a valid lease over the land in question and subsequent thereto the petitioner has no written lease which means no valid lease. As the appeal was rejected and the petitioner filed an application seeking review of the said order, the 1st respondent should have passed an order on the said review application. A perusal of the notice issued in the said review application in Appeal No. 5 of 2008 clearly indicates that it is dated 5.2.2008, whereas the petitioner was directed to appear before the appellate authority on 27.1.2008 which clearly shows the callousness on the part of the appellate authority in not properly informing the petitioner about the date on which he had to appear. At this juncture, it is the contention of the learned Government Pleader for Endowments that the question of review of an order passed in appeal does not arise as there is no provision of review under the Endowments Act. If that is so, the 1st respondent would have rejected the review application at the threshold itself stating that the review is not maintainable. But having entertained the review application, the 1st respondent should have put the petitioner on notice well in advance so that the petitioner can ventilate his grievance. For that simple reason, this court is of the view that the review application may be disposed of after hearing the petitioner. Accordingly it is directed that the 1st respondent may fix a day for hearing of the review application in Appeal No. 5 of 2008 and pass appropriate orders in accordance with law. As the auction had already taken place, it is not proper for this Court to disturb the said auction. However, as it is represented by the learned counsel for the petitioner that he raised banana crop and it is ready for harvest, the respondents-authorities may permit the petitioner to harvest the said banana crop, if raised. In the event of any favourable order is passed in the review application filed by the petitioner in Appeal No. 5 of 2008, the respondents- authorities may consider the case of the petitioner for leasing out the land in question. The writ petition is accordingly disposed of. No costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt.27.3.2008 NB: Operative portion by wire at party’s costs /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Regional Joint Commissioner Multi Zone-I, Endowments Department, Kakinada, East Godavari District. 2 The Assistant Commissioner Endowments Department, Rajahmundry, EAst Godavari District. 3 The Executive Officer, Sri Jaganmohini Keshava and Gopala Swamy Temple, Ryali village, Atreyapuram Mandal, East Godavari District. 4. 2 CCs to GP for Endowments, 5. 2 CD copies Form-NIC-OGS/WP{KURR}