IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10850 of 2005 Between: Veeramalla Nagur & others. … Petitioners AND The Regional Joint Commissioner, Endowments Department, Eluru, West Godavari District & otheres. … Respondents Counsel for the petitioners : Sri G. Krishna Murthy Counsel for respondents 1&2: AGP for Endowments This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10850 of 2005 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a writ of Mandamus to declare notice dated Nil.02.2005 and auction notice dated 25.04.2005 issued by respondent No.3, wherein the leasehold rights of an extent of Ac.6.89½ in Sy.No.193/2, 204 of Northa Village, Undrajavaram Mandal, West Godavari District was proposed to be auctioned, as illegal and arbitrary. With regard to the auction notice, a perusal of which shows that the proposed lease is for a period of three years, this Court by order dated 03.05.2005 granted interim stay of all further proceedings. In view of lapse of the proposed lease period of three years, the cause in the writ petition does not survive for consideration and hence the same deserves to be dismissed. With regard to notice dated Nil.02.2005, the same was issued in exercise of powers under Section 82 (1) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, ‘the Act’) holding that the lease in favour of the petitioners stood cancelled and directing the petitioners to handover possession of the property. Under Section 82 (2) of the Act, if the petitioners are able to show that they had been the tenants for a continuous period of six years and that they are landless poor persons, they are entitled to exercise the option of purchase of the properties, subject to the terms contained therein. Under Rule 3 of the A.P. Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 (for short, ‘the Rules’), the Assistant Commissioner of Endowments concerned is empowered to decide the issue whether the petitioners are landless poor persons or not. In view of the fact that the petitioners claim to have filed their applications before the Assistant Commissioner of Endowments, Eluru, West Godavari District, under Rule 3, respondent No.2 is directed to consider and dispose of the said applications, if not already disposed of, after giving an opportunity of hearing to the petitioners. Till an order is passed on the said applications, the possession of the petitioners shall not be disturbed. With the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.13947 of 2005 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 04.07.2008 ES