HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.643 of 2011 Date : 2-2-2011 Between : Pinninti Subba Rao s/o.Seshaiah .. Petitioner And Sri Someswara and Sri Veerabhadra Swamy Devasthanam, represented by its Executive Officer, Ganapavaram village, Nadendla Mandal, Guntur District and others .. Respondents Counsel for petitioner : Sri M.Vidyasagar Counsel for respondent No.1 : Sri D.V. Sashidhar for Sri V.T.M. Prasad, Standing Counsel Counsel for respondent Nos.2 and 3 : A.G.P. for Endowments The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent No.1 in seeking to auction the leasehold rights of land admeasuring Ac.5-00 Sy.No.308, as notified in auction notification dated 24-1-2011 of respondent No.1, as illegal and arbitrary. I have heard Sri M.Vidyasagar, learned counsel for the petitioner and the learned Standing Counsel representing respondent No.1. The land admeasuring Ac.10-00, comprised in the above noted survey number, belongs to respondent No.1- Institution. The petitioner was inducted as a tenant in respect of Ac.5-00 out of the said land for the period from 2003 to 2006 on payment of the specified lease amount. It is the pleaded case of the petitioner that he has raised Subaabul plantation over the said land. The petitioner felt aggrieved by the impugned auction notice whereby the leasehold rights of the above mentioned extent of land along with the remaining land in S.No.308 and other lands are sought to be auctioned. A counter affidavit is filed on behalf of respondent No.1 wherein it is inter alia stated that with the expiry of lease period, the petitioner is not entitled to continue in possession. It is also stated that the petitioner has unsuccessfully filed A.T.C. and appeal against the order passed in A.T.C. and that with the dismissal of those cases, the petitioner has lost right to continue in possession. It is also stated that the petitioner is in arrears of lease amount for a period of four years. At the hearing, learned counsel for the petitioner submitted that his client has raised Subaabul plantation and that if he is permitted to cut and remove the plants, he will have no objection to handover possession after paying the admitted arrears to respondent No.1. Learned Standing Counsel for respondent No.1 submitted that the petitioner has occupied the land beyond the lease period thereby causing loss to respondent No.1. In my opinion, with the expiry of the lease period, the petitioner lost his right to continue in possession of the land in question. However, there is no serious dispute as to the factum of the petitioner raising Subaabul plantation. In view of the fair offer made by the learned counsel for the petitioner, I find it appropriate that the petitioner is permitted to cut and remove the Subaabul plants before respondent No.1 takes possession. As regards the submission of the learned Standing Counsel that the petitioner is liable to pay damages, it is not possible for this court to adjudicate upon the right of respondent No.1 to recover damages and the quantum of damages in the event such right is determined. However, since the petitioner is in possession of the property beyond the lease period, he is liable to pay the lease amount at the rate as agreed under the lease agreement both for the lease period as well as beyond the lease period. Accordingly, respondent No.1 is directed to permit the petitioner to cut and remove the Subaabul plants on the petitioner paying the admitted lease amount for the entire period till his handing over of the land to respondent No.1, within a period of one week from today. On receipt of such payment, the petitioner is permitted to cut and remove the Subaabul plantation within six weeks. Respondent No.1 is given liberty to approach appropriate court for claiming damages for use and occupation of the land by the petitioner beyond the lease period. Subject to the above directions, the Writ Petition is disposed of. ____________________ C.V.Nagarjuna Reddy.,J Date : 2-2-2011 Note : Furnish copy in a week AM