APHC010389982023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19848 OF 2023 Between: G Srinivas Kumar Apparao, S/o. G. Narasimha Rao (Late), age 68 years, Occ; Retired Employee/ Agriculturist, R/o H. No.2-92, Gollapalli, Nuzvid Mandal, Eluru District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments) Department, Secretariat, Velgapudi, Amaravathi, Guntur District 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR District 3. The Regional joint Commissioner, Endowments Department, Rajahmahendravaram, East Godavari District 4. The Deputy Commissioner, Endowments Department, Kakinada, Kakinada District 5. The District Endowments Officer, , Eluru District 6. Sri Ramakrishna Public Trust, Gollapalli Village, Nuzvid Mandal, Eluru District Rep. by its Executive Officer 7. N Meenalatha w/o P Mohana Murali Krishana, Occ: Director M/s Vantage Spinners Pvt Ltd Aged about 45 years R/o D No 2 -794 ,Sy No 50 53/2 , Gollapalli Village, Nuzvid Mandal, Krishna District R7 is impleaded as per Court order dt 04.12.2023 vide order passed in lA 4 of 2023 ...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 an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing proceedings in D .Dis No. L1/ 18025(37) / 7 / 2023 dated 29.06.2023 and consequential Auction Notification dated 24.07.2023 issued by the 6th respondent to conduct public auction on 08.08.2023 for leasehold rights of the Agriculture Land admeasuring Ac 8.66 cents in Sy. No. 54 of Gollapalli Village, Nuzvid Mandal, Eluru District belonging to 6th respondent institution for Commercial purpose as bad, illegal, arbitrary, without Jurisdiction and violative of Articles 14, 21, 25 and 26 of Constitution of India and consequently set aside the same. lA NO: 1 OF 2023 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 stay all further proceedings pursuant to the auction notification dated 24.07.2023 issued by the 6th respondent for conducting auction 08.08.2023 for lease hold rights of the land measuring Ac. 8.66 cents in Sy. No. 54 of Gollapalli Village, Nuzivid Mandal, Eluru District belonging to it. lA NO: 2 OF 2023 on Between: Sri Ramakrishna Public Trust, Gollapalli Village, Nuzvid Mandal, Eluru District Rep. by its Executive Officer ...Petitioner/Respondent No.6 AND 1. G Srinivas Kumar Apparao, S/o. G. Narasimha Rao (Late), age 68 years, Occ: Retired Employee/ Agriculturist, R/o H. No.2-92, Gollapalli, Nuzvid Mandal, Eluru District ... Respondent/Petitioner 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments) Department, Secretariat, Velgapudi, Amaravathi, Guntur District 3. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR District 4. The Regional joint Commissioner, Endowments Department, Rajahmahendravaram, East Godavari District 5. The Deputy Commissioner, Endowments Department, Kakinada, Kakinada District 6. The District Endowments Officer, Eluru District ...Respondents 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 vacate the interim Order passed in I.A. No. 1 of 2023 in W.P.No. 19848 Of 2023, Dt: 08.08.2023 and dismiss the main writ petition as devoid of merits. lA NO: 3 OF 2023 Between: The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR District ...Petitioner/2"'' Respondent AND 1. G Srinivas Kumar Apparao, S/o. G. Narasimha Rao (Late), age 68 years, Occ; Retired Employee/ Agriculturist, R/o H. No.2-92, Gollapalli, Nuzvid Mandal, Eluru District ... Respondent/Petitioner 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments) Department, Secretariat, Veigapudi, Amaravathi, Guntur District 3. The Regional joint Commissioner, Endowments Department, Rajahmahendravaram, East Godavari District 4. The Deputy Commissioner, Endowments Department, Kakinada, Kakinada District 5. The District Endowments Officer, Eluru District 6. Sri Ramakrishna Public Trust, Gollapalli Village, Nuzvid Mandal, Eluru District Rep. by its Executive Officer ...Respondents/ Respondents (Respondents 2 to 6 are not necessary parties in this petition) 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 vacate the interim order granted in I.A.No.1 of 2023 in WP.NO. 19848 of 2023, dated 08-08-2023, and dismiss the main writ petition as devoid of merits. Counsel for the Petitioner: SRI D V SASIDHAR Counsel for the Respondent No.7: SRI K SATYANARAYANA MURTHY Counsel for the Respondent Nos. 1 to 5: GP FOR ENDOWMENTS Counsel for the Respondent No.6: SMT. PULIPATI RADHIKA The Court made the following order: 1 APHC010389982023 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: 19848/2023 Between: 1.G SRINIVAS KUMAR APPARAO, S/0. G. NARASIMHA RAO (LATE), AGE 68 YEARS, OCC. RETIRED EMPLOYEE/AGRICULTURIST R/0 H. NO.2-92, GOLLAPALLI, NUZVID MANDAL, ELURU DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT GOLLAPUDI VIJAYAWADA, NTR DISTRICT 3.THE REGIONAL DEPARTMENT, DISTRICT JOINT COMMISSIONER, RAJAHMAHENDRAVARAM, ENDOWMENTS EAST GODAVARI 4.THE DEPUTY COMMISSIONER, ENDOWMENTS KAKINADA, KAKINADA DISTRICT 5.THE DISTRICT ENDOWMENTS OFFICER, , ELURU DISTRICT 6.SRI RAMAKRISHNA PUBLIC TRUST, NUZVID MANDAL, ELURU DISTRICT I OFFICER 7.N MEENALATHA W/0 P MOHANA MURALI KRISHANA, OCC DIRECTOR M/S VANTAGE SPINNERS PVT LTD AGED ABOUT YEARS R/0 D NO 2 -794 ,SY NO 50 53/2 DEPARTMENT, GOLLAPALLI VILLAGE, REP. BY ITS EXECUTIVE 45 GOLLAPALLI VILLAGE,NUZVID MANDAL,KRISHNA DISTRICT R7 IS IMPLEADED AS PER COURT ORDER DT 04.12.2023 VIDE ORDER PASSED IN lA 4 OF 2023 ...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 topleased to issue an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing proceedings in D .Dis No. LI/ 18025(37) / 7 / 2023 dated 29.06.2023 and consequential Auction Notification dated 24.07.2023 issued by the 6th respondent to conduct public auction on 08.08.2023 for leasehold rights of the Agriculture Land admeasuring Ac 8.66 cents in Sy. No. 54 of Gollapalli Village, Nuzvid Mandal, Eluru District belonging to 6th respondent institution for Commercial purpose as bad, illegal, arbitrary, without Jurisdiction and violative of Articles 14, 21, 25 and 26 of Constitution of India and consequently set aside the same and pass lA NO: 1 OF 2023 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 pleased to stay all further proceedings pursuant to the auction notification dated 24.07.2023 issued by the 6th respondent for conducting auction 08.08.2023 for lease hold rights of the land measuring Ac. 8.66 cents in Sy. No. 54 of Gollapalli Village, Nuzivid Mandal, Eluru District belonging to it and pass lA NO: 2 OF 2023 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 pleased to vacate the interim Order passed in LA. No. 1 of 2023 in W.P.No. 19848 Of 2023, Dt: 08.08.2023 and dismiss the main writ petition as devoid of merits and pass lA NO: 3 OF 2023 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 pleased to vacate the interim order granted in I.A.No.1 of 2023 in WP.NO. 19848 of 2023,dated 08-08-2023, and dismiss the main writ petition as devoid of merits , and pass on 3 lA NO: 4 OF 20?:^ 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 pleased to permit me to come on record as Implead myself as Proposed Respondent No.7 in the above mentioned Writ Petition No. 19848 of 2023 am proper and necessary party in the proceedings of the matter and to lA NO: 1 OF 2024 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 pleased to grant leave to the petitioner to file the lA NO: 2 OF 2Q?4 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 pleased to grant leave to the petitioner to file the present reply and Counsel for the Petitioner: 1.D VSASIDHAR Counsel for the Respondent(S): 1. K SATYANARAYANA MURTHY 2.GPFOR ENDOWMENTS 3.PULIPATI RADHIKA The Court made the following: ORDER- as I pass present reply and pass pass Heard Sri D.V. Sasidhar. learned counsel for the petitioners and Sri K. Satyanarayana Murthy, learned counsel and learned Pleader for Endowments, appearing for the respondents. Government 2. Challenge is to the proceedings of the 2 D.Dis.No.L1/18025(370/7/2023 dated 29.06.2023, granting permission to nd respondent vide auction the lands of the 6*'^ respondent in an extent of Ac.8.66 cents in Sy. No.54 of Gollapalli Village, Nuzvid Mandal, Eluruu District, for 11 years. 3- It is contended that the respondent-institution established in 1962, by one Anney Ramakrishnayya, with the objective of promoting education, eradicating untouchability, development of agriculture, to foster women development, propagating language, and to promote naturopathy. In furtherance of these objectives, the settler donated 60 acres of land to the Institution. The Institution has been notified under the provisions of Sec.43 of the Endowments Act, in 2015. The subject land, admeasuring Ac.8.66 cents, has been periodically leased out through public auction by the 6*^ respondent for three-year terms. was 4. The petitioner claims to have previously held leasehold rights over the subject land during 2005-10. In 2020, the land was auctioned for a lease period of three years, from 2020 to 2023. The petitioner states that he has been waiting to participate in the upcoming auction. However, for the first time, the 6‘^ respondent has proposed to auction the land for extended lease period of 11 years, for non-agricultural purposes. The learned counsel for the petitioner contends that such a proposal violates the rules governing auction under the provisions of the A.P. Endowments Act. It is argued that, without converting the land from agricultural to non-agricultural non-agricultural purposes. It is further argued that a grant of the same for an 5. use, it cannot be auctioned for 5 11 years at a stretch is against the provisions of the statute. Thus, the petitioner challenges the subject auction for a long-term lease for non-agricuftural use, as bad and illegal. The respondents 2 and 6 filed their respective counter affidavits. The petitioner was impleaded as party respondent No.7 in the main Writ Petition. 6. The respondents have contended that the petitioner has no locus standi to challenge the subject auction. The 2^^ respondent on the basis of the report of the 6''^ respondent granted permission to the 6 respondent to lease out the subject properties for 11 years. Relying on G.o.Ms.No.866 dated 08-08-2023 r.w. G.O.Ms.No.426 dated 09-11-2015, it is stated that the authorities are within their jurisdiction to grant lease for 11 years. 7. th 8. Considered the rival submissions. 9. As per the petitioner, the subject lands are agricultural in nature and were utilized for agricultural purposes until the year 2023. From the records, it appears that the subject land had been put to auction for agricultural purposes during the preceding crop seasons 2020-2023. For the first time, in the subject crop season of 2023, it is stated that the lands have been notified for lease for non-agricultural purposes. 10. Rule 2 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights (other than Agricultural Lands) Leases and Licenses Rules, 2003, (for short ‘the Rules’) specifically provides that the said Rules will agricultural lands, but apply to leases of all including plantations, gardens, tanks, etc. However, the notification does not specify whether the auction IS for agricultural or non-agricultural purposes. It only specifies the period. Nevertheless, in the case of lease of agricultural lands, the applicable Rules provide for a three-year lease, and the not apply to the endowment properties 11. same cannot exceed 11 years. Thus, the subject notification issued for leasing out of the land for 11 years, indicates the affidavits of the respondents’ also leased out for non-agricultural to what are the agricultural properties of the temple. as for commercial purposes. The counter goes to show that the same has been same purposes. Rule 4 of ‘the Rules’ specifies non agricultural purposes and as to what are the non as 12. In my view, unless the land is classified as non agricultural or has been put to non-agricultural use, or falls under Rule 4 of ‘the Rules’, the Rules relied upon by the respondents would that in the preceding year, the land not apply, given the fact was auctioned as agricultural land and in the subject year also, the land is notified on an acreage basis, implying that the land has not been converted to non agricultural purpose, assuming 7 B’ that the stipulation that provides for conversion of the land into non agricultural purposes does not apply to the subject lands, it must be established that the subject lands are either non-agricuttural lands by themselves or have been put to non agricultural purposes or fall under the sub-rule (E) and (F) of Rule 4 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights (other than Agricultural Lands) Leases and Licenses Rules, 2003. m' 7 / '■// / r 13. Apart from the same as noted from the objects of the trust deed, the settler created the Trust with an avowed object, inter alid, for the development of agriculture and endowed his agricultural lands for achieving the objects of the Trust. In the light of the same, if the agricultural lands are alienated for non agricultural purposes, the same would defeat the purpose of the creation of the Trust itself, consequently its existence. 14. In view of the foregoing, the Writ Petition is allowed and the impugned proceedings are set aside. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue (Endowments) Department, Secretariat, Velgapudi, Amaravathi, Guntur District 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR District. 3. The Regional joint Commissioner, Endowments Department, Rajahmahendravaram, East Godavari District 4. The Deputy Commissioner, Endowments Department, Kakinada, Kakinada District 5. The District Endowments Officer, , Eluru District 6. The Executive Officer, Sri Ramakrishna Public Trust, Gollapalli Village, Nuzvid Mandal, Eluru District. 7. One CC to Sri D V Sasidhar Advocate [OPUC] 8. One CC to Sri K Satyanarayana Murthy, Advocate [OPUC] 9. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 10. One CC to Smt. Pulipati Radhika Advocate [OPUC] 11. Two CD Copies TF HIGH COURT DATED: 14/07/2025 ORDER WP NO. 19848 OF 2023 ALLOWING THE W.P. WITHOUT COSTS