IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 12875 of 2007 Between: Chinthala Narasimhamurthy S/o. Ramanna R/o. Akutheegapadu Village, Pentapadu Mandal, West Godavari District. ..... PETITIONER AND 1 Sri Someswara Swamay Temple, Rep. by Manager Cum Single Trusty O/o. Pentapadu Village & Mandal, West Godavari District. 2 The Deputy Commissioner of Endowments, Kakinada East Godavari District. 3 The Assistant Commissioner of Endowments, Kakinada East Godavari District. .....RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus writ of Mandamus to declare the inaction of the third Respondent in not considering the petitioners representation dt. 11-10-2005 and conducting the auction on 22-6-2007 for leasing out the land to an extent of Ac 1.60 C in RS No. 153/2 situated at Akutheegapadu Village, Pentapadu Mandal,West Godavari District by the ﬁrst respondent for fresh lease, without issuing any notice to me is illegal, arbitrary unjust and violation of the principles of natural justice and Article 21 of the Constitution of India and consequently direct the Respondents not to evict the petitioner from the said lands and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr.S.SURENDRA KUMAR Counsel for the Respondents:Mr.V.T.M.PRASAD,SC FOR ENDOWNMENTS The Court made the following ORDER: The petitioner was granted lease in respect of an extent of Ac.1.60 cents of land in R.S.No.153/2 of Akutheegapadu Village, West Godavari District, owned by Sri Someswaraswamy Temple, the ﬁrst respondent herein, for a period of three years. The respondents proposed to conduct auction on 22.06.2007 for awarding the leasehold rights in respect of the land. This writ petition is ﬁled assailing the action of the respondents. Heard the learned counsel for the petitioner and the learned Standing Counsel for the first respondent. The only ground pleaded by the petitioner is that he is a landless poor, that his application is pending adjudication before the third respondent, and that he cannot be evicted in the meanwhile. While admitting the writ petition, this Court took note of the fact that even according to the petitioner, the lease commenced in the year 1988, whereas the requirement under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, is that a person must have been a lessee for a period of six years before commencement of the Act, to enable him to claim the beneﬁt of landless poor. Be that as it may, the right of the ﬁrst respondent to put the leasehold rights to action cannot be interdicted, when there is no subsisting lease in favour of the petitioner. Hence, the writ petition is dismissed, leaving it open to the petitioner to participate in the auction as and when conducted. The third respondent shall dispose of the application submitted by the petitioner claiming the status of landless poor, within a period of four (4) week from today, if not already disposed. The petitioner shall be permitted to harvest the standing crop, if raised by him, on condition that he shall clear all the arrears of rent. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt:09.09.2008 kdl