p m IN THE HIGH COURT OF ANDHRA PRADESH :: AMA (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF J TWO THOUSAND AND TWENTY FIVE r - > I PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15062 OF 2025 Between: Challapalli Satyanarayana, S/o Late.Kondayya Dora, aged about 59 years, R/o. Sarvasiddi, S Rayavaram Mandalam Visakhapatnam, Andhra Pradesh - 531060 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Secretariat Buildings, Velagapudi, Endowment Department Amaravathi, Guntur District. 2. Assistant Commissioner of Endowments, Anakapalli, Anakapalli District. 3. Inspector of Endowments, Anakapalli, Anakapalli District. 4. Sri Nookalamma Ammavari Temple, Rep., by its E.O/ Manager, Sarvasiddi village, S .Rayavaram Mandal, Anakapalli District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Order or Direction or Writ one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents and 4th Respondent in particular in trying to evict me is illegal, unlawful, arbitrary, bad in law, without jurisdiction, violative of principles of natural justice and also violative of provisions of Andhra Pradesh Land in Patta Passbooks and Title Deed Act, 1971 and further violative of The Andhra Pradesh Charitable and Hindu Religious. Institutions and Endowments Act, 1987(Act 30 of 87) and contrary to Article 300-A of the Constitution of India and consequentially direct the Respondents not to evict the petitioner from the land measuring an extent of Ac. 1.86 cents situated in Sy. No.41 of Sarvasiddi village in S.Rayavaram Mandal except by due process of law. lA NO: 1 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 grant stay of all further proceedings with a specific direction not to evict the petitioner from the land measuring an extent of Ac. 1.86 cents situated in Survey No.41 of Sarvasiddi village in S.Rayavaram Mandal pending disposal of the above writ petition. Counsel for the Petitioner: SRI P VEERRAJU Counsel for the Respondent Nos. 1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI CH SRINIVAS (SC FOR ENDOWMENTS) The Court made the following: ORDER APHC010295672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15062/2025 Between: Challapalli Satyanarayana, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P VEERRAJU Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard the learned counsel for the petitioner Sri P. Veera Raju, Sri G. Naga Bhushanam, learned Assistant Government Pleader for Endowments and the learned Standing Counsel Sri Ch.Srinivas for the respondent No.4. The grievance of the petitioner is that the respondent No.4 is 2. proposing to evict the petitioner from the subject land. 3. Learned counsel for the petitioner would submit that an order under Section 82(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (Act 30/87) (herein after referred Act’), was passed vide proceedings, dated 06.08.2005 as ‘the treating the petitioner as land less person and the petitioner was granted lease hold rights as tenant for a period of three (03) years, vide the same order, the respondent No.4 - Temple was also directed to continue the petitioner for further period of three (03) years subject to payment of enhanced lease amount in accordance to the Rules framed under Section 82 of the Act. Learned counsel for the petitioner further submits that the said order has been further extended vide proceedings of the respondent No.2 24.02.2010 granting liberty to the petitioner to continue dated as tenant for a further period of three (03) years and the Temple is directed to extend the lease for another period of three (03) years. Thus the petitioner has been continuing in the subject land and has been paying lease amounts to the respondent No.4. The latest being the damages vide receipt dated 05.03.2025 @ Rs.6,000/-. The learned counsel for the petitioner further argues that since under the provisions of Section 82 of the Act, the petitioner has been recognized as land less person he cannot be evicted the from the subject land, the rights accrued under the Section 82 of the Act are perpetual. provisions of 3 Per contra, the learned Standing Counsel appearing for 4. respondent No.4 would submit that the earlier orders passed under Section 82 of the Act were for a limited period of three (03) years, even assuming that they were extendable by further three (03) years respectively, the period thus extended had also lapsed. Having regard to the provisions of Section 82(3) of the Act and the Rules framed there under, the petitioner cannot seek an extension of the lease perpetually. The order passed under Section 82 of the Act was specifically for three (03) years; since the period that was granted in favour of the petitioner had expired long back, respondent No.4 is proposing to conduct a public auction of the leasehold rights in respect of the subject property. Having regard to the submissions advanced, this Court is not inclined to grant relief as prayed for by the petitioner in as much as the order passed under Sec. 82 of the Act is not perpetual and is subject to review every three years. Therefore, this court deems it appropriate to dispose of the writ petition granting liberty to the respondents to proceed with the public auction of the leasehold rights regarding the subject land, and the petitioner is at liberty to participate in the auction and if the petitioner turns out to be the highest bidder, the respondents shall continue the petitioner as a tenant regarding the subject land for the duration specified in the auction proposal. 5. p 4 With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 7. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- M.SURYANADHA REDDY DEPUTY REGISTRAR //TRUE COPY// SE FFICER To, 1. The Principal Secretary, Endowment Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. ’ ^ Dis^rict^^'^^^*^^ Commissioner of Endowments, Anakapalli, Anakapalli 3. The Inspector of Endowments, Anakapalli, Anakapalli District. 4. The E.O/ Manager, Sri Nookalamma Ammavari Temple, Sarvasiddi village, S .Rayavaram Mandal, Anakapalli District. 5. One CC to Sri P Veerraju, Advocate [OPUC] 6. One CC to Sri CH Srinivas (SC for Endowments), Advocate [OPUC] 7. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:24/06/2025 ORDER WP.No.15062 of 2025 0 3 JUL 2025 j ^^IVtSwIiQ €! Co tioDx^ DISPOSING OF THE W.P., WITHOUT COSTS