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 MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16795 of 2008 Between: K.Ganeswara Rao S/o. Appa Rao R/o. Lingamparthi, Yeleshwaram Mandal, East Godavari District. ..... PETITIONER AND 1 The Assistant Commissioner of Endowments, Rajahmundry, East Godavari District. 2 Sri. Sitaramaswamyvari Temple, Lingamparthy, Yeleshwaram Mandal, 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 2nd respondent in issuing the auction notice dt. 23-07-2008 for leasing out the land to an extent of Ac.2.37 cents in R.S.No. 377 of Lingamparthy Village, Yeleswara Ram Mandal, E.G.District, as illegal, arbitrary adn contrary to law consequently to set aside the same in so far as the land in Ac.2.37 cents in Sy.No.377 of Lingamparthi Village, Yeleswaram Mandal, E.G.Distirct. Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : ORDER: The petitioner claims to be the lessee, since 1992, in respect of Acs.2.37 cents of land in R.S.No.377 of Lingamparthy Village, Yeleshwaram Mandal, East Godavari District, belonging to Sri Sitaramaswamyvari Temple, the second respondent herein. The lease was granted on the basis of a public auction conducted on 09.05.1992. The petitioner states that he has ﬁled an application before the Assistant Commissioner of Endowments to declare him as landless poor and complains that even while the application is pending, the respondents are conducting auction of leasehold rights. Heard learned counsel for the petitioner, learned Government Pleader for Endowments and learned Standing Counsel for the second respondent. It is a matter of record that the tenancy in favour of the petitioner commenced in 1992, and it was for a period of three years. The maintainability of an application of such a tenant to be recognized as a landless poor, needs to be examined, with reference to sub-section (2) of Section 82 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, by the Assistant Commissioner of Endowments. Even assuming that the application filed by the petitioner is pending, it hardly constitutes any ground for postponing or cancelling the auction. When the petitioner himself was inducted as a tenant on the basis of an auction, he cannot prevent similar auction being held by the respondents. At the most, he too can participate in the auction and continue as tenant, if he emerges as highest bidder. Hence, the Writ petition is disposed of, leaving it open to the petitioner to participate in the auction, as and when it is held. There shall be no order as to costs. ____________________ Dt.09.09.2008 L.NARASIMHA REDDY, J GJ