Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 25172 (AP)

B SUBRAMANAYAM v. The State of Andhra Pradesh,

WP/17831/2025 · 2025-07-14

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010355162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17831 OF 2025 Between: 1. B SUBRAMANAYAM, , S/o. Late Paparao, Aged about 40 years, Occ Cultivation, Mandal,Eluru District R/o.Venkatakrishnapuram Village DwarakaTirumala ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments) Department. Secretariat Buildings, Velagapudi, District, A.P. Guntur 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR District. 3. The District Endowment Officer, Eluru, Eluru District 4. Sri Adimalleswara Swamy Temple DwarakaTirumala Mandal, Eluru District Rep. by its Executive Office Tirumalampalem village. ...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 a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the 4th respondent in issuing auction notification dated 10.07.2025 for conducting auction of leasehold rights on 25.07.2025 for the land measuring Ac. 16.32 cents in Sy. No. 221 222 situated at Tirumalampalem village, DwarakaTirumala Mandal, Eluru District belonging to it as bad, illegal, arbitrary, without jurisdiction, violative of principles of natural justice and violative of Articles 14, 19(1)(g) and 21 of Constitution of India and consequently set aside the same by directing the respondents to extend the petitioner lease for^a further period of 2 years. and 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 suspend the operation of impugned auction notification dated 10.07.2025 for conducting auction of leasehold rights on 25.07.2025 for the land Ac. 16.32 cents in Sy. No. 221 & 222 situated at Tirumalampalem village, DwarakaTirumala Mandal, Eluru District. Counsel for the Petitioner measuring : SRI D V SASIDHAR Counsel for the Respondents Nos. 1 to 3 : GP FOR ENDOWMENTS Counsel for the Respondents No.4 : P RADHIKA ADVOACTE (SC FOR ENDOWMENTS) The Court made the following order: APHC010355162025 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: 17831/2025 Between: 1.B SUBRAMANAYAM, , S/0. LATE PAPARAO, AGED ABOUT 40 YEARS, OCC CULTIVATION, R/O.VENKATAKRISHNAPURAM VILLAGE, DWARAKATIRUMALA MANDAL,ELURU DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI REVENUE (ENDOWMENTS) DEPARTMENT, GUNTUR DISTRICT, A.P. 2.THE COMMISSIONER, ENDOWMENTS DEPARTMENT GOLLAPUDI, VIJAYAWADA, NTR DISTRICT. 3.THE DISTRICT ENDOWMENT OFFICER, ELURU, ELURU DISTRICT 4. SRI ADIMALLESWARA SWAMY TEMPLE, TIRUMALAMPALEM VILLAGE, DWARAKATIRUMALA MANUAL, ELURU DISTRICT REP. BY ITS EXECUTIVE OFFICE ...RESPONDENT(S): Counsel for the Petitioner: 1.D VSASIDHAR Counsel for the Respondent(S): 2 1.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri D.V. Sasidhar, learned counsel for the petitioner, Sri G. Naga Bhushanam, learned Assistant Government Pleader for Endowments and Smt. Radhika Pulipati, learned Standing Counsel appearing for the respondent No.4. The contention of the petitioner is that he is presently a tenant in respect of the subject land and he has been paying an amount of Rs.7,00,000/- per anum towards lease amount. The lease executed in 2. favour of the petitioner would expire by the end of July-2025. It is stated that on 01.07.2025, the petitioner has made a representation to the Commissioner of Endowments seeking extension of lease for further period of three (03) years. However without considering the said representation, the respondent No.4 has issued impugned proceedings for conducting fresh auction. Smt. Radhika Pulipati, learned Standing Counsel appearing for the respondent No.4 would submit that although, the representation is 3. dated 01.07.2025, the same was filed on 11.07.2025. It is further submitted by the learned Standing Counsel that the lease has been sufficiently extended in favour of the petitioner for one year on a condition that the petitioner pays the enhanced rent of Rs.7,00,000/- per anum, since the r 3 subject land would fetch more than the amount that the petitioner has paid last year. The respondents have therefore, in the interests of the institution rightly issued the notification for public auction of lease hold rights. Hence, the petitioner’s request for extension of the lease would not merit for consideration. Considered the rival submissions. Since the subject auction is scheduled on 25.07.2025 and the representation of the petitioner is pending, this Court deems it appropriate to direct the respondent No.2 to pass appropriate orders on the representation of the petitioner before the scheduled date of auction on 25.07.2025. 4. With the above observation, the Writ Petition is disposed of. 5. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue (Endowments) Department, Secretariat Buildings, Velagapudi, Guntur District, A.P. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR District. 3. The District Endowment Officer, Eluru, Eluru District 4.Sri Adimalleswara Swamy Temple, Tirumalampalem village DwarakaTirumala Mandal, Eluru District Rep. by its Executive Office 5. One CC to SRI. D V SASIDHAR Advocate [OPUC] 6. One CC to SRI. P.RADHIKA (SC FOR ENDOWMENTS) Advocate [OPUC] 7. Two CCs to GP FOR ENDOWMENTS Fligh Court of Andhra Pradesh [OUT] 8. Three CD Copies TAC HIGH COURT DATED:16/07/2025 ORDER WP NO. 17831 OF 2025 1 JUL 2025 jg .oV DISPOSING THE WP WITHOUT COSTS