THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.15494 of 2011 Date: 14.06.2011 Between: N. Venkateswara Rao … Petitioner and Commissioner of Endowments, Government of A.P., at Boggulakunta, Tilak Road, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.15494 of 2011 ORDER : Heard Ms. K. Hemalatha, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Endowments appearing for respondent Nos.1 and 2, and Sri V.T.M. Prasad, learned Standing Counsel appearing for respondent No.3- Sri Lakshminarasimha Swamy Devasthanam and with their consent, the writ petition is being disposed of at the admission stage. 2. The petitioner was inducted as a lessee of the 3rd respondent-temple land admeasuring Acs.2.79 cents of dry land in Division No.483 of Epurulanka village, Kolluru Mandal, Guntur District, for a period of three years in the year 2007. However, due to natural calamities and cyclonic floods, he could not cultivate the crop in the year 2009 and thereby suffered huge loss. He made a representation dated 20.5.2010 to the 1st respondent-Commissioner of Endowments, Hyderabad, seeking extension of lease. He also made a further representation dated 5.5.2011. In the meanwhile, the Executive Officer of the 3rd respondent-temple issued a notification dated 20.5.2011 proposing to auction the leasehold rights in respect of the said land. Aggrieved by the same, the petitioner has filed the present writ petition. 3. Indisputably, the petitioner was granted lease only for a period of three years commencing from 2007, which expired by 2010. Therefore, the auction per se cannot be said to be illegal. Learned counsel for the petitioner, however, makes a limited submission that the petitioner has cultivated banana crop in the said land and he may be allowed a reasonable time of six months to harvest the said crop. She also submits that the petitioner is not a defaulter in payment of maktha even though he suffered huge loss in the year 2009 on account of cyclonic floods. 4. Basing on the counter affidavit filed by the 3rd respondent- temple, Sri V.T.M. Prasad, learned Standing Counsel submits that the petitioner has cultivated elephant yam (kanda vegetable) and banana crop in the said land and that he harvested both the crops in the months of February and May, 2011, respectively. The learned Standing Counsel, therefore, submits that as the petitioner has harvested the full yield, the petitioner is not entitled to any further time. 5. Even if the petitioner has harvested the crop, as contended by the 3rd respondent, there is no dispute that the banana plants are still on the subject land. It is not as if the plants and leaves are of no utility. The petitioner is entitled to take away the whatever yield existing on the said land. In the circumstances, I am inclined to grant reasonable time to the petitioner for vacating the subject land. 6. Therefore, I deem it appropriate to pass the following order: (i) The petitioner is granted three months time to deliver vacant possession of the subject land to the 3rd respondent without any further notice or recourse to law; and (ii) The petitioner shall file an undertaking to that effect before the 3rd respondent-temple within a period of two weeks from today. 7. Subject to the above directions, the writ petition is disposed of. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 14.06.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.15494 of 2011 14.06.2011 (Msr)