GORANTLA CHOWDARAIAH v. THE STATE OF ANDHRA PRADESH
WP/16183/2024 · 2025-02-21
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22828 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22828 (AP) · dailylaw.ai ]
Judgment text
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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTy FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 16183 OF 2C)7d Between:
1. Gorantia Chowdaraiah, S/o Anjaneyulu, aged 49 years, Occ Agriculture Bommanampadu village, Addanki Mandal Prakasam District, A.P., 523201. 2^ Gorantia Srinivasa Rao, S/o Anjaneyulu, aged 54 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. 3. Prathipati Rama Rao, S/o Anjaiah, aged 54 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District Prakasam District, A.P., 523201. Bapatia District, Old Old
4. Prathipati Ramanjaneyulu, S/o Ramarao aged 40 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. 5. Prathipati Hanumayamma, W/o Ramaiah, aged 54 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District. Old Prakasam District, A.P., 523201. 6. Prathipati Anjaiah, S/o Chinna Hanumaiah, aged 75 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. 7. Prathipati Ramanaiah, S/o Anjaiah, aged 74 years, Occ Agriculture . Bommanampadu village, Addanki Mandal Prakasam District, A.P., 523201. Bapatia District, Old 8/ Prathipati Hanumantharao, S/o Anjaneyulu, aged 48 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. f
9. Emani Nageswara Rao, S/o Brahmaiah aged 57 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. f ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Velagapudi, Amaravati, Guntur District, A.P
2. The Commissioner, Endowments Department Krishna District. 3. The Joint Commissioner, Endowments Department, A.P. Vijayawada, Krishna District. 4. The Assistant Commissioner, Endowments Department, Bapatia District, A.P.
5. The District Endowment Officer, Endowments Department, Bapatia. 6/ The Executive Officer, Bommanampadu Temples, Department, Bapatia District, A.P. to Endowment Department, Secretariat Buildings A.P. Vijayawada, Endowments ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus, (a) declaring the action of the respondents herein in conducting Bid or Auction dated 29-07-2024 pertaining to the leased lands of 1st Petitioner herein in Sy. No.408, an extent of Ac. 19-28 cents and 2nd petitioner in Sy. No. 323/1 an extent of Ac. 1-50 cents, Sy.
No.424 an extent of Ac. 0-85 cents, Sy. No.407 may an extent of Ac. 4-00 cents, which belong to Sri Kodanda Rama and Prasannanjaneya Swamy Vari Temple, Bommanampadu village, including leased petitioner in Sy. No. 108, 98, land of 2nd an extent of Ac. 6-50 cents, which belong to Sri Laxmi Narayana Swamy Vari Temple, Bommanampadu village, leased
land of 3rd petitioner in Sy. No.77 an extent of Ac. 1.13 cents, 4th petitioner in Sy. No.77 an extent of Ac.2.00 cents, 8th petitioner in Sy. No.77 an extent of Ac. 1.00 cents, 6th petitioner Sy. No.77 an extent of Ac. 1.00 cents, 7th petitioner in Sy. No.77 an extent of Ac. 1.00 cents, petitioner in Sy. No.77 an extent of Ac. 1.00 cents, and 9th petitioner in Sy. No.77 an extent of Ac. 1.00 cents, which belong to Sri Pamidi Papaiah Kunta of Bommanampadu Village, Addanki Mandal, Bapatia District (New); Prakasam District (Old) without following procedure established by law, as illegal, arbitrary without jurisdiction and contrary to Law. b) directing the Respondents not to cancel the Orders in K. Dis. No. M2/19021 (48)/1/2024, Dated 01-07-2024 issued by the 3rd respondent on behalf of 2nd respondent and to direct the respondents to implement the Orders of R.3. (c) declaring the action of the respondents herein in interfering with the peaceful possession and enjoyment of the petitioners over their leased agricultural lands as mentioned in Annexure to the Affidavit in Bommanampadu Village, Addanki Mandal, Bapatia District (New), Prakasam District. (Old) is illegal, arbitrary, without jurisdiction and contrary to Law and Violation of Article 14, 21 and 300- A of Constitution of India. same lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to cancel the Orders in K. Dis. No. M2/19021(48)71/2024, Dated; 01-07-2024 issued by the 3rd respondent on behalf of 2nd respondent and not to conduct Bid Auction dated 29-07-2024 pertaining to the leased lands of 1st Petitioner herein in Sy. No.408, an extent of Ac. 19-28 cents and 2nd petitioner in Sy. No.323/1 an extent of Ac. 1-50 cents, Sy. No.424 extent of Ac. 0-85 cents, Sy.
No.407 an extent of Ac. 4-00 cents, which belong to Sri Kodanda Rama & Prasannanjaneya Swamy Vari Temple, Bommanampadu village. or
including leased land of 2nd petitioner in Sy. No. 108, 98, an extent of Ac. 6-50 cents, which belong to Sri Laxmi Narayana Swamy Vari Temple, Bommanampadu village, leased land of 3rd petitioner in Sy. No.77 an extent of Ac. 1.13 cents, 4th petitioner in Sy. No.77 an extent of Ac.2.00 cents, petitioner in Sy. No.77 an extent of Ac. 1.00 cents, petitioner Sy. No.77 an extent of Ac. 1.00 cents, 7th petitioner in Sy. No.77 an extent of Ac. 1.00 cents, 8th petitioner in Sy. No.77 an extent of Ac. 1.00 cents, and 9th petitioner in Sy. No.77 an extent of Ac. 1.00 cents, which belong to Sri Pamidi Papaiah Kunta of Bommanampadu Village, Addanki Mandal, Bapatia District (New), Prakasam District (Old) and also not to interfere with the peaceful possession and enjoyment of the petitioners over their leased agricultural lands without following procedure established by law illegal, arbitrary without jurisdiction and contrary to Law, pending disposal of the writ petition. as lA NO: 3 OF 2024 Between: The Executive Officer, Bommanampadu Temples, Endowments Department Bapatia District, A.P.
...PETITIONER/RESPONDENT N0.6 AND
1. Gorantia Chowdaraiah, S/o Anjaneyulu, aged 49 years, Occ Agriculture!, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. 2. Gorantia Srinivasa Rao, S/o Anjaneyulu, aged 54 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. 3. Prathipati Rama Rao, S/o Anjaiah, aged 54 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A. P., 523201. 4. Prathipati Ramanjaneyulu, S/o Ramarao, aged 40 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District,; Old Prakasam District, A.P., 523201. 5. Prathipati Hanumayamma, W/o Ramaiah, aged 54 . Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. 6. Prathipati Anjaiah, S/o Chinna Hanumaiah, aged 75 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District; Old Prakasam District, A.P., 523201. 7. .
Prathipati Ramanaiah, S/o Anjaiah, aged 74 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. 8. Prathipati Hanumantharao, S/o Anjaneyulu, aged 48 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District; Old Prakasam District, A.P., 523201. years, Occ
9. Emani Nageswara Rao, S/o Brahmaiah, aged 57 years, Occ Agriculture, Bommanampadu village, Addanki Mandal, Bapatia District, Old Prakasam District, A.P., 523201. ...RESPONDENTS/PETITIONER NOS. 1 TO 9
10. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Endowment Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P,
11. The Commissioner, Endowments Department Krishna District. A.P. Vijayawada
12. The Joint Commissioner, Endowments Department, Krishna District. 13. The Assistant Commissioner, Endowments District, A.P.
14. The District Endowment Officer, Endowments Department, Bapatia. ' ...RESPONDENTS/ RESPONDENTS NO. 1 TO 5 is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the A.P. Vijayawada, Department, Bapatia Petition under Section 151 CPC
p High Court may be pleased to 1 of 2024 in W.P. No. 16183 of 2024. vacate the interim orders passed in I.A. No. Counsel for the Petitioners: SRI SYED GHOUSE Counsel for the Respondent Nos. 1 to 5; BASHA GP FOR ENDOWMENTS PADNAVIS (SC ' Counsel for the Respondent No.6: SMT.
PADMAVATHI FOR ENDOWMENTS) The Court made the following: ORDER
APHC010321272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 16183/2024 Between: Gorantia Chowdaraiah and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.SYEDGHOUSE BASHA Counsel for the Respondent(S):
1.PADMAVATHI PADNAVIS 2.GP FOR ENDOWMENTS The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
" ot issue a Writ order or a direction more particularly one in the nature of WRIT OF MANDAMUS (a) declaring the action of the respondents herein in conducting Bid or Auction dated 29.07.2024 pertaining to the leased lands of 1^‘ Petitioner herein in Sy.No.408, an extent of Ac.19-28 cents and petitioner in Sy.No.323/1, an extent of Ac.1-50 cents, Sy.No.424 an extent of Ac.0-85 cents, Sy.No.407 an extent of Ac.4-00 cents, which belong to Sri Kodanda Rama and Prasannanjaneya Swamy Vari Temple, Bommanampadu village, including leased land of 2"“* petitioner in Sy.No:108, 98, an extent of Ac.6-50 cents, which belong to Sri
2 Laxmi Narayana Swamy Vari Temple, Bommanampadu village, leased land of 3 petitioner in Sy.No.77 an extent of Ac.1.13 cents, 4 petitioner in Sy.No.77 an extent of Ac.2.00 cents, S'^’ petitioner in Sy.No.77 an extent of Ac.1.00 cents, 6'" petitioner in Sy.No.77 an extent of Ac.1.00 cents, petitioner in Sy.No.77 an extent of Ac.1.00 cents, 8 petitioner in Sy.No.77, an extent of Ac.1.00 cents and 9' petitioner in Sy.No.77 an extent of Ac.1.00 which belong to Sri Pamidi Papaiah Kunta u.' Bommanampadu Village, Addanki Mandal, Bapatia District (New), Prakasam District (Old) without following procedure established by law, as illegal, arbitrary, without jurisdiction and contrary to Law and to pass such other order or orders as may be deemed fit and proper in the circumstances of the case in the interests of Justice (b) directing the Respondents not to cancel the Orders in K.Dis.No.M2/19021(48)1/2024, Dated 01-07-2024 issued by the 3'" respondent on behalf of 2"“' respondent and to direct the respondents to implement the same Orders of R.3 and to cents.
of pass such other order or orders as may be deemed fit and proper in the circums^nces of the case in the interests of Justice (c) declaring the action of the respondents herein in interfering with the peaceful possession and enjoyment of the petitioners over their leased agricultural lands as mentioned in Annexure to the Affidavit in Bommanampadu Village, Addanki Mandal, Bapatia District (New), Prakasam District (Old) is illegal, arbitrary, without Jurisdiction and contrary to Law and Violation of Article 14, 21 and 300-A of Constitution of India ”
2.
Brief facts of the case are that the petitioners are permanent residents and marginal and tenant farmers of endowment agricultural lands of Bommanampadu village, Addanki Mandal of Bapatia district, Prakasam Judicial district. The 1®* Petitioner herein is cultivating the land in Sy.No.408, an extent of Ac.19^28 cents, 2""^ petitioner in Sy.No.323/1, an extent of Ac.1- 50 cents, Sy.No.424 an extent of Ac.0-85 cents, Sy.No.407 an extent of Ac.4- 00 cents, which belong to Sri Kodanda Rama and Prasannanjaneya Swamy Vari Temple, Bommanampadu village, including leased land of 2"^ petitioner in Sy.No.108, 98, an extent of Ac.6-50 cents, which belong to Sri Laxmi Narayana Swamy Vari Temple, Bommanampadu village, leased land of 3'^'^ petitioner in Sy.No.77 an extent of Ac.1.13 cents, 4‘^ petitioner in Sy.No.77 extent of Ac.2.00 cents, 5*^ petitioner in Sy.No.77 an extent of Ac.1.00 cents. an
3 6"" petitioner in Sy.No.77 an extent of Ac.1.00 cents, 7"" petitioner in Sy.No.77 an extent of Ac.1.00 cents, 8“^ petitioner in Sy.No.77, an extent of Ac.1.00 cents and petitioner in Sy.No.77 an extent of Ac.1.00 cents, which belong to Sri Pamidi Papaiah Kunta of Bommanampadu Village, Addanki Mandal, (New) Bapatia District, (Old) Prakasam District (for short “subject lands”). The petitioners are cultivating the said lands in accordance with tenancy conditions and paying rents regularly to the 6^^ respondent and obtaining receipts. While so, the 6*'^ respondent informed the petitioners that their earlier tenancy expired and the respondents are going to conduct fresh auction. On 27.05.2024, the petitioners sent a representation to the 2"^^^ respondent requesting to allot the tenancy for the next three years i.e., from 2024-2025 to 2026-2027 to them and also the petitioners agreed to pay rent in advance besides enhanced, rent @ 10%. As per the directions of respondents 2 and 3, rd the 6 respondent sent an enquiry report dated 01.06.2024 to the 3 respondent, as such, the 3 respondent on behalf of the 2"^ respondent passed orders in K.Dis.No.M2/19021 (35)8/2024, dated 08.06.2024 allowing the petitioners to continue as tenant farmers but with an enhanced rate of tenancy @ 33%. The petitioners have agreed to the same. But the respondents have ignored the above said order. Hence, the petitioners sent another representation dated 25.06.2024 to the 2"^^ respondent requesting to take steps to execute the order dated 08.06.2024 for the years 2024-2027. But no action has been taken by the respondents.
On 23.06.2024, the 6th
4 respondent sent a letter to 5‘^ respondent reporting that the tenancy period of endowment lands of Bommnampadu Village came to an end and that some of the earlier lessees of those lands requested the 2""^ respondent to extend their tenancy period and the 6'^ respondent further informed that some other villagers demanded for conducting auction stating that if auction is conducted for those lands, the tenancy rent would increase and if these lands are allotted to the earlier tenant farmers, Law and Order would get disturbed in the Village and Endowments would suffer loss, as such auction should be conducted immediately. Due to some variation in enhancement of lease amounts, the 3^“^ respondent issued revised Orders in K.Dis.No.M2/19021(48)/1/2024 , dated 01.07.2024 on behalf of the 2"'^ respondent and the 2"^^ respondent approved the extension of lease for further period of three years in petitioners’ favour. But the 5 th nd respondent sent a letter to the 2 respondent vide Rc.No.A6/1690/2024, dated 26.06.2024 reiterating the version of 6 th respondent and recommended for fresh auction of lands. Aggrieved by the same, the present writ petition has been filed. 3. This Court, vide order, dated 29.07.2024 has granted interim
order in I.A.No.1 of 2024 reads as follows:
“This application is filed to direct the respondents not to cancel the orders in K.Dis.No. M2/19021 (48)71/2024, dated 01.07.2024 issued by the 3rd respondent on behalf of 2nd respondent and not to conduct Bid or Auction dated 29.07.2024 pertaining to the leased lands of 1st petitioner herein in Sy.No. 408, an extent of Ac. 19.28 cents and 2nd petitioner in Sy.No.323/1 an extent of Ac. 1.50 cents, Sy.No.424 an extent of Ac. 0.85 cents, Sy.No, 407 an extent of Ac. 4.00 cents, which belong to Sri Kodanda Rama and Prasannanjaneya Swamy Vari Temple! Bommanampadu Village, including leased land of 2nd petitioner in Sy.No. lOs! 98, an extent of Ac. 6.50 cents, which belongs to Sri Laxmi Narayana Swamy Vari Temple, Bommanampadu village, leased land of 3rd petitioner in Sy.No. 77 an
5 extent of Ac. 1.13 cents, 4 th petitioner in Sy.No.77 an extent of Ac. 2.00 cents, 5th petitioner in Sy.No. 77 an extent of Ac. 1.00 cents, 6th petitioner Sy.No. 77 an extent of Ac. 1.00 cents, 7th petitioner in Sy.No. 77 an extent of Ac. 1.00, 8th petitioner in Sy.No. 77 an extent of Ac. 1.00 cents and 9th petitioner in Sy.No. 77 an extent of Ac. 1.00 cents, which belong to Sri Pamidi Papaiah Kunta of Bommanampadu Village, Addanki Mandal, Bapatia District (new), Prakasam District (old) and also not to interfere with the peaceful possession and enjoyment of the petitioners over their leased agricultural lands without following due process of law as illegal, arbitrary and pending disposal of the writ petition. Heard Mr. Syed Ghouse Basha, learned counsel for the petitioners; Learned Assistant Government Pleader for respondents 1 to 4 and Ms. Padmavati Padnavis, learned Standing Counsel for the respondents 5 and 6.
Learned counsel for the petitioners submitted that the petitioners are permanent residents of Bommanampadu Village and they are marginal and tenant farmers in enjoyment of the aforementioned endowment agriquitural lands since 20 years. Due to cyclone effect for last year, the petitioners were sustained huge loss. The respondents making an attempt to conduct auction for next three years i.e 2024-25 to 2026-27. The respondents without considering the representations of the petitioners for extension of lease period, making efforts to conduct an auction. If the respondents conducted an auction, the petitioners will suffer huge loss and hardship. Hence requested to issue a direction as prayed for. Whereas, Ms. Padmavathi Padnavis, learned Standing Counsel for the respondents 5 and 6, on instructions, categorically submitted that the respondents conducted auction today i.e on 29.07.2024 at 9 a.m and the petitioners 3 to 7 and 9 were participated therein. The respondents 6, 7 and 9 are declared as highest bidders in the auction conducted by the 6th respondent and deposited the amounts. Having regard to the facts and circumstances of the case and considering the
submissions of both the counsel, the respondents are directed not to finalize the auction conducted on 29.07,2024 till 02.09.2024.” This Court, vide
order, dated 03.09.2024, has passed the
4. following interim order:
“Interim order granted on 29.07.2024 is extended till the next date of hearing. In the meantime, the respondents are also directed not to interfere with.the peaceful possession and enjoyment of the petitioners over the leased agricultural lands.” The 6^^ respondent filed counter affidavit denying the allegations made in the writ petition and stated that Sri Kodanda Rama Swamy Temple,
5. Sri Lakshmi Narayana Swamy Temple and Pamidi Papaiah Kunta, Bommanapadu Village are under the purview and Administrative Control of the Executive Officer, Addanki Group temple. Endowments Department, Bapatia district. The lands belongs to the said three institutions are being
6 s leased out from time to time in public auction. Accordingly, previous public auction was conducted for a period of three years i.e., 2021-2022 to 2023- 2024 and the highest bidders were put in possession of the respective lands. Accordingly, the highest bidders cultivated the lands and paid the respective lease amounts. After completion of the said lease period, the lessees made a request for extension of their lease for a further period of three years i.e., 2024-2025 to 2026-2027 and accordingly, the 2”^^ respondent issued orders for extension of lease vide K.Dis.No.M2/19021 (48)71/2024, dated 01.07.2024, duly extending the lease for a period of three years as sought by the petitioners. It is further stated that, the 2"*^ respondent issued directions to the Executive Officer of the 6*^ respondent temple to obtain adequate security and registered lease deeds from the said tenants as per rules. But before implementation of the same and soon after issuance of the said orders, there arose several complaints from the public/villagers to the effect that the previous tenants by making false representation and by suppression of facts mislead the endowment authorities and got extension of lease orders with lesser lease amounts and thereby the endowments institutions suffered severe loss and requested to take necessary steps to conduct public auction. Hence, the 3'''^ respondent issued instructions to the Executive Officer of the 6*^ respondent temple to conduct public auction and the 6*^ respondent proposed to conduct public auction of lease hold rights on 29.07.2024 at 09:00 A.M., and distributed pamphlets and made wide publicity. 7 Heard Mr.Syed Gouse Basha, learned counsel for the petitioners
6.
and Mr.P.Srinivas, learned Assistant Government Pleader for Endowments, for respondent Nos.1 to 5 as well as Ms.Padmavathi Padnavis, learned Standing Counsel for the respondent No.6. On hearing,
learned counsel for the petitioners reiterated the
7. contents urged in the writ petition and requests this Court to allow the writ petition. 8. Per Contra, learned Standing Counsel while reiterating the contents made in the counter affidavit, submits that, the petitioners have got no subsisting right to claim any rights basing upon the lease approval orders issued by the 2"^^ respondent since they did not execute any lease deeds by producing adequate security as directed by the 2 resp’ondent in the said lease approval order dated 01.07.2024. She further submits that, as per the Andhra Pradesh Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules 2003 issued through G.O.Ms.No.379, Revenue (Endowments-I) Department, dated 11.03.2003 vide Rule No. 14(1) that all lease deeds shall be registered and as per Rule 14(2) no person shall be allowed to enforce his rights under the lease or license until he has executed the lease deed. Hence, no lease deed was executed and registered by the petitioners as per the above rule position and hence they cannot be allowed to enforce the lease orders dated 01.07.2024 issued by the Commissioner,
Endowments Department, A.P., vide K.Dis.No.M2/19021(48)/1/2024. further submits that since the said lease approval order dated 01.07.20241 issued by the 2""' respondent was not yet implemented as the petitioners did not produce sufficient security and did not execute register lease deed contemplated under the rules, so as to claim any rights in the subject matter and as there is no subsisting right, the petitioners cannot maintain the writ petition under Article 226 of the Constitution of India. Therefore, learned Standing Counsel prays to dismiss the writ petition. She as
9. Perusdd the record. 10. On a perusal of the material on record, this Court observed that, admittedly, the petitioners made a request for extension of their lease for a further period of three years i.e., 2024-2025 to 2026-2027. Accordingly, the 2"'^ respondent issued orders for extension of lease vide K.Dis.No.M2/19021 (48)71/2024, dated 01.07.2024, duly extending the lease for a period of three years. However, the 3'^'^ respondent issued instructions to the Executive Officer of the 5‘^ respondent temple to conduct public auction and hence, the 5'^ respondent proposed to conduct public auction on 29.07.2024. 11.
Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, this Court is of the opinion that, although the petitioners’ lease is still subsisting, the 3"'^ respondent instructed the 5^^ respondent to conduct public auction, without
9 # following the orders of the 2^^ respondent, who is the superior officer of the 3 respondent, which is contrary in law. Hence, this Court is inclined to dispose rd of the writ petition, directing the respondents to follow the orders issued by the 2"^^ respondent vide K.Dis.No.M2/19021 (48)/1/2024, dated
01.07.2024. Further, the petitioners are directed are furnish the respective securities as
directed in the proceedings of the 2"^ respondent dated 01.07.2024 within a ♦ period of one (01) month from the date of receipt of a copy of this order and register the lease deeds in their favour.
12. Mr.Sridhar Tummalapudi,
learned counsel has filed implead petition to implead the proposed petitioners as respondent Nos.7 and 8. But this Court is not inclined to consider the said petition at this juncture. With the above directions, the Writ Petition is disposed of. There shall be no
order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.
13. babu assistant registrar //TRUE COPY// ^ % SECTION OFFICER To,
1. The Principal Secretary to Government, Endowment Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P,
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, Bapatia District, A.P.
5. The District Endowment Officer, Endowments Department, Bapatia.
6. The Executive Officer, Bommanampadu Temples, Endowments Department, Bapatia District, A.P.
7. One CC to Sri Syed Ghouse Basha Advocate [OPUC]
8. One CC to Smt. Padmavathi Padnavis, SC for Endowments, Advocate [OPUC]
9. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 10.'Three CD Copies 4 TF
HIGH COURT DATED:21/02/2025
ORDER WP.No.16183 of 2024 % 1 1 MAR 2025 ^ . Currant Section i^y' DISPOSING OF THE W.P., WITHOUT COSTS