APHC010416472025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21411 & WRIT PETITION NO: 21411 Between: 1. SIVAKOTI RATNA KUMARI, , W/O PRAKASARAO, AGED ABOUT 64YEARES, OCC CULTIVATION, D.NO 7 THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 2. S. VIJAY,, S/O PRAKASARAO, AGED ABOUT 54YEARES, OCC CULTIVATION, D.NO 7 AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 3. N. SURYANARAYANA,, S/O SATHIRAJU, AGED ABOUT 54 YEARES, OCC. CULTIVATION, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 4. N. CHINA MUSALAIAH,, S/O THALUPULAIAH, AGED ABOUT 64YEARES, OCC. CULTIVATION, D.NO 7 THONDANGI VILLAGE AND MANDAL, KAKIN (ERSTWHILE EAST GODAVARI DISTRICT). 5. L. PRAKASH, S/O CHAKARAVARTHI, AGED ABOUT 49YEARES, OCC. CULTIVATION, D.NO 7 VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 6. T.RAJA BABU, S/O CHINA GADDIYYA, AGED ABOUT 54YEARES, OCC. CULTIVATION, D.NO 6 VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 7. N.VEERA PRASADARAO, S/O CHINNA NOOKARAJU, AGED ABOUT 44YEARES, OCC. CULTIVATION, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21411 & 19266 OF 2025 WRIT PETITION NO: 21411 OF 2025 SIVAKOTI RATNA KUMARI, , W/O PRAKASARAO, AGED ABOUT 64YEARES, OCC CULTIVATION, D.NO 7-175, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). S. VIJAY,, S/O PRAKASARAO, AGED ABOUT 54YEARES, OCC CULTIVATION, D.NO 7-177, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). N. SURYANARAYANA,, S/O SATHIRAJU, AGED ABOUT 54 YEARES, OCC. CULTIVATION, D.NO 6-146, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). N. CHINA MUSALAIAH,, S/O THALUPULAIAH, AGED ABOUT 64YEARES, OCC. CULTIVATION, D.NO 7-27, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). S/O CHAKARAVARTHI, AGED ABOUT 49YEARES, OCC. CULTIVATION, D.NO 7-134, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). S/O CHINA GADDIYYA, AGED ABOUT 54YEARES, OCC. CULTIVATION, D.NO 6-92, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). N.VEERA PRASADARAO, S/O CHINNA NOOKARAJU, AGED ABOUT 44YEARES, OCC. CULTIVATION, D.NO 7 IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA SIVAKOTI RATNA KUMARI, , W/O PRAKASARAO, AGED ABOUT 175, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. S. VIJAY,, S/O PRAKASARAO, AGED ABOUT 54YEARES, OCC 177, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST N. SURYANARAYANA,, S/O SATHIRAJU, AGED ABOUT 54 146, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. N. CHINA MUSALAIAH,, S/O THALUPULAIAH, AGED ABOUT 27, SC COLNEY, ADA DISTRICT. S/O CHAKARAVARTHI, AGED ABOUT 49YEARES, 134, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE S/O CHINA GADDIYYA, AGED ABOUT 54YEARES, 92, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE N.VEERA PRASADARAO, S/O CHINNA NOOKARAJU, AGED D.NO 7-196, SC 2 KM,J W.P.Nos.21411 & 19266 of 2025 COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 8. P. SURYANARAYANA, , S/O CHINNARAO AGED ABOUT 54YEARES, OCC. CULTIVATION, D.NO 7-34, SC COLNEVI THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 9. . CH. JEEVARATNAM,, S/O MAHALAKAHMI, AGED ABOUT 54YEARES, OCC. CULTIVATION, D.NO 7-195, SC COLNEY THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 10. G. SATHYANARAYANA, , S/O JOGIRAJULU, AGED ABOUT 46 YEARES, OCC. CULTIVATION, D.NO 7-70, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 11. K. PAPARAO,, S/O MULASWAMI AGED ABOUT 41 YEARES, OCC. CULTIVATION, D.NO 7-55, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY TO ENDOWMENT (REVENUE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER FOR ENDOWMENT DEPARTMENT, GOVERNMENT OF ANDHRAPRADESH, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT. 3. THE DEPUTY COMMISSIONER, ENDOWMENT DEPARTMENT, KAKINADA, KAKINADA DISTRICT. 4. THE DISTRICT ENDOWMENT OFFICER, ENDOWMENT DEPARTMENT, KAKINADA, KAKINADA DISTRICT. 5. SRI SAMSTANAM CHOULTRY, REPRESENTED BY ITS EXECUTIVE OFFICER, PITAPURAM TOWN AND MANDAL, KAKINADA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. TATA SINGAIAH GOUD 3 KM,J W.P.Nos.21411 & 19266 of 2025 Counsel for the Respondent(S): 1. KAPPERA KOTESWARA RAO SC for Endowments, AP Region. 2. GP FOR ENDOWMENTS WRIT PETITION NO: 19266 OF 2025 Between: 1. NAGAM VEERA VENKATA SATYANARAYANA, S/O.DARAKONDA @ DARABABU, AGE44 YEARS, OCC CULTIVATION,R/O.D.NO.2-11, NANDI CENTER, THONDANGI VILLAGE AND MANDAL - 533408, KAKINADA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT. 3. THE DEPUTY COMMISSIONER, ENDOWMENT DEPARTMENT, KAKINADA, KAKINADA DISTRICT 4. THE DISTRICT ENDOWMENT OFFICER, KAKINADA, KAKINADA DISTRICT 5. SRI SAMSTANAM CHOULTRY, PITAPURAM TOWN, KAKINADA DISTRICT REP. BY ITS EXECUTIVE OFFICER ...RESPONDENT(S): Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. KAPPERA KOTESWARA RAO SC for Endowments, AP Region. 2. GP FOR ENDOWMENTS 4 KM,J W.P.Nos.21411 & 19266 of 2025 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21411 & 19266 OF 2025 The Court made the following common order: Heard Sri Tata Singaiah Goud, Sri D.V. Sasidhar, learned counsels for the petitioner(s), learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 4 and Sri Kappera Koteswara Rao, learned Standing Counsel for Endowments appearing for respondent No.5. 2. The grievance of the petitioner(s) is that they were not allowed to participate in the auction conducted by the 5th respondent-temple for leasehold rights in respect of the subject property involved in the writ petition. 3. It is contended by the petitioner(s) that they have been the cultivating tenants of the subject property for the past three years. This year too, the petitioner(s) intended to participate in the auction of the leasehold rights that would be conducted by the respondents. However, the auction notification was not issued in time. In the said regard, the petitioner in W.P.No.19266 of 2025 has also made a representation for conducing of the auction at the earliest. However, the respondents did not issue any auction notice well in advance; the existing lease period of the petitioner expires. Despite the same, the petitioner(s) approached the office of the 5th respondent-temple to participate in the auction that was issued belatedly. But, the staff of the 5th respondent-temple did not allow them to participate and closed the doors. Hence, the instant writ petition. 5 KM,J W.P.Nos.21411 & 19266 of 2025 4. Learned counsel for the petitioner(s) argues that the respondents have not followed the procedure contemplated under the provisions of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003. [G.O.Ms.No.379, Revenue (Endo.I) dated 11.03.2003, which requires for issuance of notice at least three months prior to the expiry of the lease period. In the present case, the lease expired at the end of April 2025. However, the auction notification was issued on 09.07.2025, proposing to conduct the auction from 14.07.2025 to 19.07.2025. Therefore, it is submitted that the auction proceedings are unsustainable and liable to be set aside. 5. Sri Kappera Koteswara Rao, learned Standing Counsel for Endowments appearing for respondent No.5, would argue that the petitioner(s), particularly petitioner Nos.2, 6, 7, and 11 in W.P.No.21411 of 2025 are not justified in contending that the respondents have not allowed them to participate in the auction inasmuch as the petitioner(s) mentioned above are defaulters in the remittance of lease rentals for previous auctions where the bids were knocked down in their favor. If they were bonafide auction participants, they would have demonstrated their eligibility, as one of the auction conditions stipulates that participants should not be defaulters in remittance of lease rentals. Further, it is submitted that the 5th petitioner has participated in the auction however did not deposit the Earnest Money Deposit (EMD). Thus, prays for the dismissal of the writ petition. 6 KM,J W.P.Nos.21411 & 19266 of 2025 6. Considered the submissions. 7. Having regard to the same, the respondents were supposed to conduct the auction at least three months prior to the expiry of the lease. However, the auction has been proposed to be conducted from 14.07.2025 to 19.07.2025, vide the paper notice dated 09.07.2025. The purpose of such a stipulation is to facilitate the existing tenant to harvest the existing crop, if any, before the new tenant comes for taking possession and to deliver vacant and peaceful possession to such tenant. 8. In view of the foregoing, the auction notification dated 09.07.2025, insofar as it relates to the subject property(s), is set aside. The Writ Petitions are accordingly allowed. The respondents are at liberty to issue a fresh auction notification in accordance with the provisions of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003. Till conclusion of the auction proceedings proposed by the respondents, none of the petitioners shall cultivate the subject lands. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 09.09.2025 BSK 7 KM,J W.P.Nos.21411 & 19266 of 2025 24 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21411 & 19266 OF 2025 Date: 09.09.2025 BSK