APHC010348832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17508 OF 2025 Between: Rayi Nagaraju, S/o. Venkaiah, Aged about 70 years, Occ: Retd. Employee, R/o. D.No 23A -8-13/1 , Sri Sivani, R.R Pet, Eluru, Eluru District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Endowments, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Department of Endowments, Government of Andhra Pradesh, Vijayawada, NTR District. 3. The Joint Commissioner, Department of Endowments, Government of Andhra Pradesh, Vijayawada NTR District. 4. The District Endowments Officer, SPSR Nellore District at Nellore. 5. Sri Janardhana Swamyvari Devasthanam, Narrawada Village, Duttaluru Mandal, SPSR Nellore District, rep. by its Executive Officer. ...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 the Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set - aside the proceedings Rc.No. A2 / 561203 / 2024 dated 03.12.2024 of the 4**" Respondent as well as the L.Dis.No. Ml/ COE - 19023 (32) / 6 / 2024 dated 12.06.2025 of the 3RD w f* Respondent, subsequently to direct the Respondents 2 to 5 to extend the lease period of the Petitioner for the period of three i.e., from 2025 - 2026 to 2027-2028 with regard to the 5*^ Respondent temple land an extent of Ac.22.28 cents of dry land in survey No. 93, situated at Kothapet Village, Duttaluru Mandal, SPSR Nellore District and an extent of Ac.60.04 cents of dry land in survey No. 297, situated at Narrawada Village, Duttaluru Mandal, SPSR Nellore District by taking consideration of the tender age of Eucalyptus plants as well as enhancement of lease amount at the rate of 33.3% on the existing lease amount of the Petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the proceedings Rc.No. A2 / 561203 / 2024 dated 03.12.2024 of the for 4'^ Respondent as well as the L.Dis.No. Ml/ COE - 19023 (32) / 6 / 2024 dated 12.06.2025 of the 3RD Respondent, subsequently to direct the Respondents 2 to 5 not to conduct the fresh auction with regard to the 5 Respondent temple land an extent of Ac.22.28 cents of dry land in survey No.93, situated at Kothapet Village, Duttaluru Mandal, SPSR Nellore District and an extent of Ac.60.04 cents of dry land in survey No. 297, situated at Narrawada Village, Duttaluru Mandal, SPSR Nellore District pending disposal of the writ petition. Counsel for the Petitioner: SRI K. RAMA KOTESWARA RAO Counsel for the Respondent Nos.1 to 3 : GP FOR ENDOWMENTS Counsel for the Respondent Nos.4 & 5 : Mrs. ANNE DEVI SUBHASINI, SC FOR ENDOWMENTS The Court made the following order: APHC010348832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17508/2025 Between: 1.RAYI NAGARAJU, S/0. VENKAIAH. AGED ABOUT 70 YEARS, OCC RETD. EMPLOYEE, R/0. D.NO 23A -8-13/1 , SRI SIVANI, R.R PET, ELURU, ELURU DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ENDOWMENTS, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER, DEPARTMENT OF ENDOWMENTS, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT 3.THE JOINT COMMISSIONER, DEPARTMENT OF ENDOWMENTS GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA DISTRICT NTR 4.THE DISTRICT ENDOWMENTS OFFICER, SPSR NELLORE DISTRICT ATNELIORE 5. SRI JANARDHANA SWAMYVARI DEVASTHANAM, NARRAWADA VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT, REP. BY ITS EXECUTIVE OFFICER ...RESPONDENT(S): li ilfl 2 Counsel for the Petitioner: 1. K RAMA KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri K. Rama Koteswara Rao, learned counsel for the petitioner, Sri G. Naga Bhushanam, learned Assistant Government Pleader for Endowments and Smt. Anne Devi Subhashini, learned Standing Counsel appearing for the respondent No.5. The instant writ petition is filed challenging the proceedings of the respondent No.3 in issuing the auction notification, dated 12.06.2025 2. directing the respondent Nos.4 & 5 to conduct public auction of lease hold rights in respect of the subject land for a period of three (03) years by dividing the subject land into four equal bits. 3. Learned counsel for the petitioner submits that the petitioner has taken the subject land on lease in 2021 for a period of three (03) years. the said lease was extended up to 2025, and would expire by 27.07.2025. It is submitted that, pursuant to the said lease, the petitioner has raised Eucalyptus plantation after converting the land which was covered with shrubs and was overgrown brought the same into cultivable mode and raised Eucalyptus plantation and he had harvested 1^^ crop and the crop is 3 ready now ready for 2^^ harvest. It is stated that without harvesting the same, if the petitioner is required to vacate from the land he would be to irreparable loss and hardship. Thus, the petitioner sought for extension of lease for another period of three (03) years with effect from 01.08.2025 to 31.07.2028 subject to enhancement of the lease amount at the rate of 40%. put 4. Learned Standing Counsel appearing for the respondent No.5 would submit that initially lease was granted in favour of the petitioner only for regular agricultural operations, however in violation of the lease conditions the petitioner had planted Eucalyptus plantation and in the neighborhood, the similarly situated lease holders are paying Rs.8,000/- per Acre per annum towards lease. In that view of the same, the learned Standing Counsel on instructions would submit that the lease may be extended in favour of the petitioner subject to the condition that the petitioner pays enhanced rent at the rate of Rs.8,000/- per Acre per annum. 5. Having regard to the submissions advanced, this Court deems it appropriate to dispose of the writ petition with the following observations and directions. Having regard to the fact that the petitioner had invested substantial sums in growing the Eucalyptus plantation had harvested the crop for only one time, and the crop is ripe for second harvest, in the interests of Justice, the request of the petitioner for extension of lease for three (03) years merits consideration, however, at the same time f 4 ‘1 respondent - Temple also should not be deprived of its income, therefore the respondents are directed to consider the case of the petitioner for extension of lease for another period three years 01.08.2025 to 31.07.2028 subject to a condition that the petitioner agrees to pay enhanced lease rentals of Rs.5,00,000/- per year in respect of the entire extent of Ac.82.32 cents. Upon such an undertaking given by the petitioner, the respondent No.5 shall execute lease deed extending the lease for a further period of three (03) years in terms of the said undertaking of the petitioner. With the above observation, the Writ Petition is disposed of. 6. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFRCER SEC To, 1. The Principal Secretary, Department of Endowments, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi 2. The Commissioner, Department of Endowments, Government of Andhra Pradesh, Vijayawada, NTR District. 3. The Joint Commissioner, Department of Endowments Andhra Pradesh, Vijayawada NTR District. 4. The District Endowments Officer, SPSR Nellore District at Nellore. 5. The Executive Officer Sri Narrawada Village, Duttaluru 6. One CC to Sri K. Rama Koteswara Rao, Advocate [OPUC] 7. Two CCs to GP for Endowments, High Court of Andhra T 8. One CC to Mrs. Anne Devi Subhasini, SC for Endowments 9. Two CD Copies Guntur District. Government of Janardhana Swamyvari Devasthanam, Mandal, SPSR Nellore District. Pradesh [OUT] [OPUC] Cnr T A A HIGH COURT DATED: 15/07/2025 ORDER WP NO. 17508 OF 2025 ^ 0 7 AUG 2025 1^ ynt Sectioi CAlcjiS «o DISPOSING OF THE W.P. WITHOUT COSTS