APHC010270222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 861 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the Orders passed in W.P.No.16183 of 2024, dated 21.02.2025 on the file of the High Court. Between: The Executive Officer, Bommanampadu Temples, Endowments Department, Bapatia District, Andhra Pradesh. ...Petitioner AND 1. Gorantia Chowdaraiah, S/o Anjaneyulu, aged 49 years, Occ: Agriculture, Bommanampadu village, Addanki Mandal Bapatia District, Old Prakasam District. 2. Gorantia Srinivasa Rao, S/o Anjaneyulu, aged 54 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Baptia District, Old Prakasam District. 3. Prathipati Rama Rao, S/o Anjaiah, aged 54 years, Occ Agriculture, Bommanampadu village, Addanki Mandal Prakasam District. Baptia District, Old 4. Prathipati Ramanjaneyulu, s/o Ramarao, aged 40 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Baptia District, Old Prakasam District. 5. Pi^thipati Hanumayamma, W/o Ramaiah, aged 54 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Baptia District, Old Prakasam District. 6. Prathipati Anjaiah, S/o Chinna Hanumaiah, aged 75 years, Occ Agriculture Bommanampadu village, Addanki Mandal, Baptia District, Old Prakasam District. 7. PrathipatiRamanaiah, S/o Anjaiah, aged 74 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Prakasam District. 8. PrathipatiHanumantharao, S/o Anjaneyulu, aged 48 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Baptia District, Old Prakasam District. 9. Emani Nageswara Rao, S/o Brahmaiah, aged 57 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Baptia District, Old Prakasam District. 10. The State of Andhra Pradesh, Rep by its Principal Secretary to Endowment Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 11.The Commissioner, Endowments Department, A.P. Vijayawada, Krishna District. 12. The Joint Commissioner, Endowments Department, A.P. Vijayawada, Krishna District. 13. The Assistant Commissioner, Endowments Department, Baptia District, Andhra Pradesh. 14. The District Endowment Officer, Endowments Department, Baptia. Baptia District, Old Government ...Respondents lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the operation and effect of the order passed in WP. No. 16183 of 2024 dated 21.02.2025 pending disposal of the above writ appeal. Counsel for the Petitioner: SRI KAPPERA KOTESWARA RAO SC For ENDOWMENTS. Counsel for the Respondent Nos. 1 to 9: SRI SYED GHOUSE BASHA Counsel for the Respondent Nos. 10 to 14: GP FOR ENDOWMENTS The Court made the following order: 1^' Bench Sr.No;-5 ' [3483] APHC010270222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO; 861 of 2025 The Executive Officer, Bommanampadu Temples, Endowments Department, Bapatla District, Andhra Pradesh ...Appellant Vs. Gorantia Chowdaraiah and others ...Respondents ********** Advocate for Appellant Mr. Kappera Koteswara Rao [SC for Endowments, AP Region] Advocate(s) for Respondent(s); Mr. Syed Ghouse Basha for R.1 to R.9 GP for Endowments for R. 10 to R.14 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 12*^ August, 2025 P C : The present writ appeal has been preferred by the Executive Officer of Bommanampadu Temples challenging the order passed by the learned single Judge, dated 21.02.2025 in WP.No.16183 of 2024. The petition was filed challenging the order passed by the 2. Executive Officer in auctioning the leasehold rights In regard to agricultural land belonging to the appellant temple. 2 HCJ & RC, J WA 861 2025 The case of the petitioners (respondent Nos.1 to 9 herein) before 3. the learned single Judge was that leasehold rights had been granted in their favour in the year 2021 for a period of three years which expired on 30.06.2024. An extension was then granted by virtue of the order passed by the Commissioner of Endowments, dated 01.07.2024. The case of the petitioners was that while the order of Commissioner envisaged execution of lease deeds in regard to the property in question, the respondent authorities failed to register the said documents and in the meantime, the Executive Officer proceeded to issue the auction notice for grant of leasehold rights in regard to the land in question. It was urged before the learned single Judge that the auction could not be permitted to proceed inasmuch as the auction was being conducted by the Executive Officer of the appellant temple while the order passed by the Commissioner of Endowments was still in existence and that a junior officer in the hierarchy could not override the decision of the superior 4. officer. This argument found favour with the learned single Judge, who, while disposing of the petition had issued directions to the respondent authorities to follow the orders dated 01.07.2024, which granted extension in 5. the leasehold rights upto 2026-27. 3 HCJ & RC, J WA 861 2025 The case of the appeltant before us is that the extension granted by the Commissioner of Endowments is in gross violation of Rule 8(1) & 8(2)(a) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003, which envisages as 6. under: “8 Lease Period: - (1) No lease shall be granted for a period exceeding three years. (2)(a) Where it is proposed to grant a lease for a period exceeding the limit specified in sub-rule (1), the Executive Authority shall obtain the prior permission of the Commissioner even before causing publication of the Notice under rule - 11 of these rules.” Rule 11 of the aforesaid Rules in terms envisages publication of the auction notice in the language which is understood in the locality, at least ten days prior to the date fixed for auction, by affixture on the notice board or on the front door of the institution concerned as also by beat of tom tom in the inhabited area of the Gram Panchayat in which the lands are situate apart from giving adequate publicity for auction in all appropriate ways. Learned Government Pleader for the Endowments Department 7. fairly concedes that the aforementioned procedure which is laid down in Rules 8 & 11 of the Rules has not at all been followed by the Commissioner before granting extension. At this stage, learned counsel appearing for the petitioners (respondent Nos.1 to 9 herein) states that the Commissioner does have the power to accord or refuse extension of lease not exceeding 6 years in terms of 8. 4 0^ HCJ & RC, J WA 861 2025 Rule 8(ii) and even for a period exceeding six years he can make recommendations to the Government which would pass appropriate orders after due consideration. It is stated that the power of the Commissioner to make such a recommendation cannot be taken away. We are not at all, at present, concerned so much with diluting the powers of the Commissioner to make recommendations for grant of extension beyond the period prescribed as much as we are concerned with the procedure that is required to be followed by the Commissioner in granting extension, which in the present case is conspicuously absent. 9. The judgment and order impugned in the present appeal which permitted the registration of the documents ignoring the statutory provision, in opinion, is unsustainable and is accordingly set aside. 10. our The matter shall stand remanded to the Commissioner of Endowments who will take an appropriate call on the subject of extension of lease keeping in view the interest of the temple which would stand to benefit in any case if the lease was to be granted by subjecting the property in question to open auction. We however leave the decision to the authority concerned who may proceed in accordance with law. 11. The Writ Appeal is accordingly disposed of. No order as to costs. 12. 5 HCJ & RC, J WA 861-2025. Miscellaneous applications pending, if any, shall stand closed. Sd./- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Endowment Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Endowments Department, A.P. Vijayawada, Krishna District. 3. The Joint Commissioner, Endowments Department, A.P. Vijayawada, Krishna District. 4. The Assistant Commissioner, Endowments Department, Baptia District, Andhra Pradesh. 5. The District Endowment Officer, Endowments Department, Baptia. 6. One CC to Sri. Kappera Koteswara Rao SC for Endowments. [OPUC] 7. One CC to Sri. Syed Ghouse Basha Advocate [OPUC] 8. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC HIGH COURT DATED; 12/08/2025 ' > ORDER WA NO. 861 OF 2025 g^T 2 2 AUG 2025 XiS<i!f'«"ts«ciiaiXVy DISPOSING THE WA WITHOUT COSTS