IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (Special Original Jurisdiction)

TUESDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 15219 OF 2023

Between:

Addagalla Manganna, S/o. Venkanna, Aged 58 years, Occ Agriculture, R/o. D.No. 3-1, Pappula Vari Palem, H/o. Kundalapalli Village, P. Gannavaram Mandal, Dr. Ambedkar Konaseema District.

...PETITIONER

AND

1. The State of Andhra Pradesh, Represented by its Principal Secretary, Endowments Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District

2. The Commissioner, Endowments Department, AP, Gollapudi, Vijayawada.

• 3. The Regional Joint Commissioner, Endowments Department, Multi-Zone-1, Rajamahendravaram, East Godavari District.
• 4. The Deputy Commissioner, Endowments Department, Kakinada.
• 5. The District Endowments Officer, Dr. B.R. Ambedkar Konaseema District, Amalapuram
• 6. Sri Venu Gopala Swamy Temple, represented by Executive officer, Chiratapudi Village, Ambajipeta Mandal, Dr. B.R. Ambedkar Konaseema District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in conducting public auction on 28-06-2023 by issuing public auction notice dated 19-06-2023 for a period of 3 years from 2023-2024 to 2025-2026 in Sy.No. 48/1 to an extent of Ac. 2-89 cents, Sy.No. 48/2 to an extent of Ac. 4-65 cents total an extent of Ac. 7-54 cents situated at Kundalapalli Village, Ambajipeta Mandal, Dr. B.R. Ambedkar Konaseema District in lease hold rights for the lands of 61-11 Respondent temple in possession of the petitioner and also his lease period is still subsisting is illegal, irrational, irregular, arbitrary and against the principles of natural justice and

unconstitutional violative of article 14, 21 of constitution of India and contrary to the provisions of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 and rules and consequently declare that the Respondents cannot conduct public auction when the lease period of the Petitioner is subsisting.

lA NO: ¹ OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to restrain the respondents from conducting auction dated 28-06-2023 or change the nature of land in Sy.No. 48/1. to an extent of Ac. 2-89 cents. Sy.No. 48/2 to an extent of Ac. 4-65 cents total an extent of Ac. 7-54 cents situated at Kundalapalli Village, Ambajipeta Mandal, Dr. B.R. Ambedkar Konaseema District.

Counsel for the Petitioner :SRI. RAMBABU KOPPINEEDI

Counsel for the Respondent NOS. ¹ to 5: GP FOR ENDOWMENTS

Counsel for the Respondent No.6 : SRI. SRINIVAS KANDA SC FOR ENDOWMENTS

The Court made the following: ORDER. .

IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.15219 OF 2023

Between:

Addagalla Manganna, S/o Venkanna, Aged 58 years, Occ: Palem. $H/o$ $R/o$ D.No.3-1, Pappula Vari Agriculture. Kundalapalli Village, P.Gannavaram Mandal, Dr.Ambedkar Konaseema District.

... Petitioner

Versus

$\cdots \cdots$

1. The State of Andhra Pradesh, represented by its Principal Secretary, Department of Endowments, Secretariat Buildings, Velagapudi, Amaravati, Guntur District and five others.

... Respondents

Standing Counsel for R6.

and

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Counsels for the petitioners : Sri K.Rambabu
Counsel for respondents	: Government Pleader for<br>Endowments for R1 to R5

ORDER

The present writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:

"... to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondents, in conducting public auction on 28.06.2023 by issuing public auction notice dated 19.06.2023 for a

period of three years from 2023-2024 to 2025-2026 in Sy.No.48/1 to an extent of Ac.2.89 cents, Sy.No.48/2 to an extent of Ac.4.65 cents, total an extent Ac.7.54 cents situated at Kundalapalli Village, Ambajipeta Mandal, Dr.B.R.Ambedkar Konaseema District in lease hold rights for the lands of 6^th respondent temple in possession of the. petitioner and also his lease period is still subsisting is illegal, arbitrary, irregular, irrational and against the principles of natural justice and unconstitutional violative of Article 14, 21 of Constitution of India and contrary to the provisions of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 and rules and consequently declare that the respondents cannot conduct public auction when the lease period of the petitioner is subsisting and pass such other orders may deem fit and proper in the circumstances of the case".

The grievance of the petitioner is the Executive Officer of $2.$ respondent No.6 Devasthanam issued pamphlet intending to conduct a fresh auction on 28.06.2023 in respect of land of an extent of Ac.2.89 cents in Sy.No.48/1 and Ac.4.65 cents in Sy.No.48/2 lands belonging to respondent No.6 Devasthanam. According to petitioner he became the highest bidder in the Public auction conducted on 08.06.2023 and paid the amount as per rules on 09.06.2023. Without cancelling leasehold rights in favour of the petitioner, fresh auction pamphlet was issued. Aggrieved by the same, the above writ petition is filed.

Heard Sri K.Rambabu, learned counsel for the petitioner 3. and learned Assistant Government Pleader for Endowments Page 3 of 5

!

SRS, J W.P.No.15219 of 2023

't 1

appearing for respondent Nos.l to 5 and Sri K.Srinivasu, learned Standing Counsel appearing for respondent No,6.

4. Learned Standing Counsel, during the hearing, passed on the instructions of the Executive Officer of respondent No.6 Devasthanam. Perusal of the instructions would disclose that the Assistant Commissioner directed the Executive Officer not to conduct public auction and to cancel the public auction scheduled on 28.06.2023. Accordingly, the Executive Officer of respondent No.6 Devasthanam is not conducting the public auction on 28.06.2023. Learned Standing Counsel also would submit that, in fact, the auction scheduled to be conducted on 28,06.2023 was cancelled.

5. Learned Standing Counsel fairly submits that the lease in favour of the petitioner was ratified by the competent authority and the petitioner's leasehold rights as per the auction conducted on 08.06.2023 is valid up to 2025-2026.

6. Recording the submission made by the learned standing counsel coupled with the instructions, the apprehension of the petitioner qua the auction of lease hold rights in respect oflands

SRS, J W.P.No.15219 of 2023

referred to supra does not survive. No further adjudication is required.

Accordingly, the Writ Petition is closed. There shall be no $7.$ order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

//TRUE COPY//

SD/- B. CHITTI JOSEPH ASSISTANT REGISTRAR $R-C27$ SECTION OFFICER

To,

One CC to SRI. RAMBABU KOPPINEEDI Advocate [OPUC] Two CCs to GP FOR ENDOWMENTS, High Court Of Andhra Pradesh. [OUT] One CC to Sri. Srinivas Kanda, Advocate [OPUC].

4. Two CD Copies

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South

HIGH COURT $\mathbf{f}^{\prime}$ DATED:27/06/2023

ORDER

WP.No.15219 of 2023

CLOSING THE WP WITHOUT COSTS