IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.13736 of 2010 Date: 6th October, 2010 Between: Thogaru Ramu and others. .. Petitioners And Government of A.P., rep. by its Secretary, Endowments Department, Secretariat, Hyderabad & others. .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.13736 of 2010 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in auctioning the leasehold rights of the land to an extent of Ac.10-90 cents in Sy.No.41 of Gollaprolu village and mandal, East Godavari district belonging to third respondent-Temple for a period of three years from 2010-2011 to 2012-2013 and the alleged auction said to have knocked down in favour of respondents 4 and 5 on 5.6.2010 is arbitrary and illegal. According to the petitioners, they are in possession and enjoyment of the land to an extent of Ac.10-90 cents in Sy.No.41 of Gollaprolu village and mandal, East Godavari district belonging to Sri Ramalingeswara Swamy Vari Devasthanam, Gollaprolu (third respondent) and they have been cultivating the said lands for the last 40 years and they are paying maktha regularly. It is also asserted by the petitioners that they are landless poor persons, therefore they are entitled for preferential treatment for grant of lease or purchase, if any sale is conducted by the Temple. While that being so, the respondents have conducted auction of leasehold rights of the above said land on 5.6.2010. Hence this writ petition. On 18.6.2010, this Court ordered to maintain status quo as on that date as to the possession of the land in question for a period of one week and thereafter the said order was extended from time to time and the same was finally extended on 21.7.2010 until further orders. There is no necessity of going into all the details. It is the case of the petitioners that on 20.6.2010, they filed an application under Rule 82 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Rules before the Assistant Commissioner of Endowments, Rajahmundry claiming that they are landless poor persons and they are entitled to hold the land, as per law, and the said application is still pending. The learned counsel appearing for third respondent-Temple submitted that on 5.6.2010 auction of leasehold rights were conducted and though lease deed was not executed, physical possession of the subject land was handed over on 8.6.2010. The learned counsel for petitioner drawn attention of the Court to Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Rules, 2003 and stated that Rules contemplate that unless and until approval of leasehold rights are granted and lease deed is executed, no person shall be put in possession. Admittedly, no lease deed has been executed in favour of third parties. Therefore, it must be deemed that the petitioners were not dispossessed from the lands in question. Under those circumstances, the Assistant Commissioner of Endowments, Rajahmundry is directed to dispose of the application purported to have been made by the petitioners on 20.6.2010 and pass appropriate orders, as per law, after hearing all the parties concerned and decide the matter finally, within a period of six weeks from the date of receipt of this order. Till such time, status quo as on today shall continue and both the parties shall not be allowed to enter into the subject land. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 6.10.2010 DA