APHC010362942025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI j (Special Original Jurisdiction) I Si’H [O THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18166 OF 2025 / Between: 1. Anumolu Nageswara Rao, S/o Ramaiah, Aged about 67 547, Cherukuru Village, Ponnalur Mandal, Prakasam District 2. Tanneru Chinna Lakshamma, W/o Tannery Chinna Subba Rao, about 45 years, R/o 2-252, Cherukuru Village, Ponnalur Mandal, Prakasam District. years, R/o 2- Aged 3. Anumolu MalaKondaiah, S/o Ramaiah, Age about 58 years, R/o 8-1- 27-1, East Kammapalem, Kandukur Mandal, SPSR Nellore District 4. Mudlamuri Radha Krishna Murthy @ Radha Krishnaiah, S/o Krishnaiah @ Pitchaiah, Aged about 69 years, R/o Mundlamuri Vari palem Village, Cherukuru post, Ponnalur Mandal, Prakasam District. / ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Endowment Department, AP Secretariat. Velagapudi, Amaravati, Guntur District. 2. The District Endowment officer, Ongole, SPSR Nellore District. 3. Sri Malleswara Swamy Temple, Rep by its Executive officer Padu Village, Pedacherlopalli Mandal, Prakasam District. Peda Ida ...Respondents . Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court , be pissed to issue a writ or order or direction may more particularly one in the nature of WRIT OF MANDAMUS declaring the issuing the impugned auction action of the respondents in notice cum publication dt. 08.07.2025 for the proposed auction dated 21.07.2025 iin notice mentioned properties at Cherukuru village, Ponnaluru mandal, Prakasam District cultivating by the petitioners without following the procedure under section 82 of the A.P Chantable and Hindu Religious Institutions illegal, arbitrary and violative of Articles & Endowments Act, 1987, is 14 and 21 of the Constitution of India apart from being violation of the principles of Natural Justice, consequently set a side the auction notice dt. 08.07.2025. and jA NO: 1 OF Petition under Section 151 CPC i stated in the affidavit filed i is filed praying that in the circumstances in support of the petition, the High Court pleased to grant stay of dispossession lands which sought to be auction though at Cherukuru village, Ponnaluru may be of the petitioners from their respective notice cum publication dt.08.07.2025 mandal, Prakasam District pending final disposal of the main Writ Petition. Counsel for the Petitioners; Counsel for the Respondent Nos. Counsel for the Respondent No.3: SIVAPRASAD REDDY VENATI 1 & 2: GP FOR ENDOWMENTS SMT. ANNE DEVI SUBHASHINI (SC FOR ENDOWMENTS) The Court made the following order: APHC010362942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18166/2025 Between: 1.ANUMOLU NAGESWARA RAO, S/0 RAMAIAH, AGED ABOUT 67 YEARS, R/0 2-547, CHERUKURU VILLAGE, PONNALUR MANDAL, PRAKASAM DISTRICT 2.TANNERU CHINNA LAKSHAMMA, W/0 TANNERY CHINNA SUBBA RAO, AGED ABOUT 45 YEARS, R/0 2-252, CHERUKURU VILLAGE, PONNALUR MANDAL, PRAKASAM DISTRICT. 3.ANUMOLU MALAKONDAIAH, S/0 RAMAIAH, YEARS, R/O 8-1-27-1, EAST KAMMAPALEM, KANDUKUR MANDAL, SPSR NELLORE DISTRICT AGE ABOUT 58 4.MUDLAMURI RADHA KRISHNA MURTHY RADHA KRISHNAIAH, S/O KRISHNAIAH @ PITCHAIAH, AGED ABOUT 69 YEARS MUNDLAMURI VARI PALEM VILLAGE, PONNALUR MANDAL, PRAKASAM DISTRICT. R/O CHERUKURU POST, ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY ENDOWMENT DEPARTMENT, AP SECRETARIAT. VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT ENDOWMENT OFFICER, ONGOLE, SPSR NELLORE DISTRICT. 3. SRI MALLESWARA SWAMY TEMPLE, REP BY ITS EXECUTIVE OFFICER, PEDA IRLA PADU VILLAGE, PEDACHERLOPALLI 2 MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S); 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri Siva Prasad petitioners, the learned Assistant Smt. Anne Devi Subhashini, No.3/Temple. Reddy Venati, learned counsel for the Government Pleader for Endowments learned Standing Counsel for and the respondent 2. It is contended that the petitioners are the cultivating tenants of the agricultural lands Prakasam District situated at Cherukuru Village, Ponnaluru Mandal belonging to the respondent No.3 - Temple. On petitioner on 10.08.2004 to an application made by the 1 declare him as landless poor person In terms of Section 82 of the Andhra Pradesh and Hindu Religious Institutions Commissioner, Endowments Department, 04.11.2004 declared the Charitable and Endowments Act, 1987, the Assistant Ongole vide proceedings, dated petitioner as small farmer. Since 1 then, the petitioner has been i been paying the lease rentals towards in occupation and cultivation of the subject land maktha. The details of the lands and also are as under; 3 PETITIONER SURVEY No. EXTENT (In Ac.,) 1 St Sy.Nos.1200, 1201/2 Ac.4.82 cents 2nd Sy.No.1200, 1201/2 Ac.4.50 cents Sy.No.1200 Ac.4.82 cents 4^ Patta No.211 Sy.No.462/3 Ac. 4.88 cents 3. It is further contended that all these years, the respondents have never disturbed the petitioners. For the first time, the respondents have issued notice for Public auction of the lease hold rights in respect of the subject lands for a period of three (03) years w.e.f. 2025-26 to 2027-28. 4. Learned counsel for the petitioners argues that the certificates which were granted in their favour in 2004 have neither been cancelled reviewed or annulled. The learned counsel relies on the decision of this Court in W.P.No.19149 of 2020, wherein this Court has observed that; nor 9. Once such a person is declared as a landless poor person, he would be entitled to certain benefits. Firstly, he would be entitled to purchase the lands under lease whenever the Endowment or Charitable Institution chooses to sell the land. Secondly, he would be entitled to continue as lessee of the property by paying 2/3rd of the prevailing market rent to the Endowment or Charitable Institution. 10. The Proviso to Rule 3 (3) as extracted above provides for a review of the status of the tenant as a landless poor person once in every three years. This provision does not require the landless poor persons to obtain a fresh certificate every 3 years setting out his status as a landless 4 poor person. The said proviso only permits the Endowments review the status of the lessee and to entitled to be continued 11. In that of the matter, the contentions of Sri G.Ramana Rae that the burden of reneyring the landless poor certification is on the tenant cannot be accepted. Authorities to ascertain whether the said lessee is as a landless poor person or not. \ \\ 12. In the present case, the petitioners have already been recognized as tandless poor persons by way of proceedings in 2004. There has been no subsequent proceedings setting aside the proceedings passed on the ground that all-or-any of the petitioners have poor persons. in 2004 ceased to landless 13. In the circumstances, the petitioners as tenants of the 3rd respondent, subject to the the market value of the rent and subject to and Rules." would be entitled to continue condition of paying 2/3rd of such other provisions of the Act 5. Learned counsel for the prays for a direction to the respondents cultivating tenants. petitioner relying on the said decision to allow the petitioners to continue as 6. Smt. Anne Devi Subhashini, learned for the respondent No.3 - Temple would Standing Counsel appearing submit that the petitioners have been in occupation of the subject land since, 2004 and the lease offered by the petitioners all the while is meager, having regard to the nature of the lands nature of lands the lease rentals petitioners are not entitled for the lease and conduct fresh auction of the lease hold and in the neighborhood to the similar are high. She thus argues that the the Temple should be allowed to rights. 5 7. Considered the rival submissions. It is stated that the proceedings of the Assistant Commissioner, Endowments Department, Ongole, passed in 2004 have never been reviewed by the Endowments Department. Having regard to the same, the recognition of the petitioners as small farmers shall continue until the same is reviewed. In the light of the decision of this Court in in the absence of any proceedings either annulling reviewing the orders passed in 2004 recognizing the petitioner(s) as Land less poor person/small farmer, the respondents cannot conduct fresh auction of the lease hold rights in respect of the subject lands, while the proceedings of the Assistant Commissioner of Endowments Department, are in force. I W.P.No.19149 of 2020 or 8. Taking into consideration the submissions made on behalf of petitioner and the Temple, the Writ Petition is allowed with the following observations: (a) The impugned notice of public auction is set aside subject to the condition that the petitioner remits a sum of Rs.6,500/- per anum per acre towards maktha in favour of the respondent No.3 - Temple. (b) Further, the respondents are at liberty to review the proceedings of the Assistant Commissioner, Endowments Department, recognizing the petitioners as small farmers in 2004 in terms of provisions of G.O.Ms.No.379 and Sub-Rule (3) of Rule 3 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 in accordance with law. There shall be no order as to costs. 6 0^ As a sequel, all pending miscellaneous applications shall stand closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SEOTON QEFICER To. 1. The Principal Secretary, Endowment Velagapudi, Amaravati, Guntur District. 2. The District Endowment officer, Ongole, SPSR Neilore 3. The Executive Officer, Sri Malleswara Swamy Temple Village, Pedacherlopalli Mandal, Prakasam District. 4. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 5. One CC to Smt. Anne Devi Subhashini [OPUC] 6. Two CCs to GP for Endowments, 7. Two CD Copies Department, AP Secretariat District. , Peda Irla Padu (SC for Endowments) Advocate High Court of Andhra Pradesh [OUT] TF HIGH COURT DATED: 17/07/2025 ORDER WP NO. 18166 OF 2025 allowing the W.P. WITHOUT COSTS