THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.3490 of 2010 ORDER: The petitioner claims to be the lessee in respect of Ac.2.39 cents of land in Sy.No.980 of Varigonda Village, owned by Sri Vigneswara Swamy Temple, Chinacherukuru, Nellore District, since 1981. He states that he submitted an application before the Assistant Commissioner of Endowments, Nellore, the fourth respondent herein, to recognize him as a landless poor under Section 82 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act (for short ‘the Act’). His grievance is that the respondents are trying to evict him from the land by conducting auction of the leasehold rights. The petitioner states that his leasehold rights cannot be interfered with, particularly, when an application for recognizing him as a small farmer is pending. On behalf of the temple, a detailed counter affidavit is filed flatly denying the averment made by the petitioner that he is the tenant in respect of the land. It is stated that one Sri V. Prabhakara Reddy, who was the trustee of the temple till the recent past, has mismanaged the affairs and has even filed W.P.No.7639 of 2009 claiming that he is the cultivating tenant. According to the respondents, the auction of leasehold rights for three years i.e., 2010 to 2013 was conducted on 20.02.2010 and one Sri Kavali Venkata Ramana emerged as highest bidder by offering 3 putties of paddy per annum as against the maktha of 2 puttis offered by the previous tenant by name Gaganapalli Subbaiah. It is further stated that the petitioner was also present at the time of auction and has subscribed his signature in the list of participants. Heard learned counsel for the petitioner, learned Government Pleader for Endowments and learned Standing Counsel for Devasthanam. Though the petitioner states that he has been the tenant in respect of the land for almost two decades, there is nothing on record to substantiate the same. It appears that he made an application to recognize him as landless poor only in the recent past. The facility in that regard became available in the year 1987 itself. A tenant, who is lawfully recognized for a period of six years preceding the year 1987, can be recognized as landless poor. The petitioner has not placed before this Court any material to show that he has been an approved tenant preceding 1987. That is a matter, which needs to be taken into account by the fourth respondent while considering the application filed by the petitioner. It is a matter of record that the auction was held on 20.02.2010 and one Sri Kavali Venkata Ramana has emerged as the highest bidder. The petitioner could have offered his bid. Even where an existing tenant is recognized as landless poor, he cannot be continued as a tenant unless the leasehold rights are put to auction and the quantum of rent is known. The petitioner lost that opportunity and now he cannot be placed upon the list. The respondent flatly denied the very existence of leasehold rights in favour of the petitioner. The writ petition is therefore dismissed. It is however left open to the petitioner to pursue his application filed before the fourth respondent for recognizing him as a small farmer. The same shall be decided, after issuing notice to the fifth respondent, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 20th April, 2010 Js.