Extracted from the PDF above. The PDF is authoritative.
APHC010339862025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17355 OF 2025 Between:
1. AVULA VEERA BABU,, S/O. NAGA MALLESWARA RAO, AGED 55 YEARS, OCC CULTIVATION, R/O. D.NO. 13/393/4, NIZAMPET, MACHILIPATNAM, KRISHNA DISTRICT. 2. KUMBHAM BENARJI,, S/O. VENKATESWARA RAO, AGED 52 YEARS, OCC CULTIVATION, R/O. D.NO. 2/173, AKUMARRU VILLAGE, GUDURU MANDAL, KRISHNA DISTRICT. 3. KUMBHAM MANGAIAH,, S/O. NAGESWARA RAO, AGED 49 YEARS, OCC CULTIVATION,
R/O.
D.NO. 13/393/4, NIZAMPET, MACHILIPATNAM, KRISHNA DISTRICT. 4. KUMBHAM NAGA SRINIVASA RAO,, S/O. VENKATESWARA RAO, AGED 45 YEARS, OCC CULTIVATION, R/O. D.NO. 3-17, POTHEPALLI VILLAGE, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 2
4. THE DISTRICT ENDOWMENTS OFFICER, VIJAYAWADA, KRISHNA DISTRICT. 5. SREE UBHAYA NAGESWARA SWAMY VARI DEVASTHANAM, REP. BY ITS EXECUTIVE OFFICER, PITTALANKA VILLAGE, KODUR MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): 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 pleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 5th respondent in issuing auction Notification dated 09-05-2025, for conducting an auction of lease hold rights of the land in Survey no. 209, an extent of Ac.
16-72 cents, situated at Mukkollu Village, Guduru Mandal, Krishna District, scheduled auction held on 21-05-2025 for a period of the years 2025-2026 to 2027- 2028, as the same has been issued without considering the petitioners requests/representation dated 29-05-2025 for extension of lease period as bad, illegal, arbitrary and violative of Articles 14, 19(l)(g) and 21 of the Constitution of India and to the A.P. Charitable and Hindu Religious Institutions and Endowments Lease of Agriculture Land Rules, 2003 and consequently set-aside the auction dated 21-05-2025 which is not confirmed IA 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 direct the respondents to extend the lease period to the petitioners in respect of the land in Survey no. 209, an extent of Ac. 16-72 cents, situated at Mukkollu Village, Guduru Mandal, Krishna District, pending disposal of writ petition Counsel for the Petitioner(S):
1. PANDAMANENI SRINIVASA RAO Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS
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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17355 OF 2025 The Court made the following order:
The writ petition is filed challenging the auction notice dated 09.05.2025 issued for conducting of public auction of lease hold rights of the land over an extent of Ac.16.72 cents in Sy.No.209 at Mukkollu Village, Guduru Mandal, Krishna District. 2. Heard Pandamaneni Srinivasa Rao, learned counsel for the petitioners, learned Assistant Government Pleader for Endowments appearing for the respondent Nos.1 to 4 and Smt. Pulipati Radhika, learned Standing Counsel appearing for respondent No.5. 3. The contention of the petitioners is that they are the existing cultivating tenants of the subject land. Although an auction of lease hold rights in respect of the subject land was conducted on 21.05.2025, the auction was not finalized.
The petitioners have approached this Court seeking a direction to the respondents to continue their tenancy. 4. Smt. Pulipati Radhika, learned Standing Counsel appearing for respondent No.5 would submits that pursuant to the auction conducted on 21.05.2025, the 3rd respondent has issued proceedings directing the Executive Officer of the temple to obtain a registered lease deed from the highest bidder in accordance with Rule 18 of the Rules. It is further submitted that the process has been completed in accordance with law under G.O.Ms.No.379 dated 11.03.2003, G.O.Ms.No.425 dated 09.11.2015, and
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G.O.Ms.No.426 dated 09.11.2015. It is further submitted that possession of the subject lands has already been handed over to the successful bidders. In view of the same, the learned Standing Counsel contends that the relief sought by the petitioners does not survive. 5. In view of the foregoing, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 14.07.2025 BSK
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59 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 17355 OF 2025
Date: 14.07.2025 BSK