APHC010531022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27149/2025 Between: 1. SIVAKOTI RATNA KUMARI, W/O PRAKASARAO,(1)- AGED ABOUT 64YEARES. OCC. CULTIVATION, D.NO 7-175, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 2. N. SURYANARAYANA,, S/O SATHIRAJU,(3). AGED ABOUT 54 YEARES, OCC. CULTIVATION, D.NO 6-146, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 3. N. CHINA MUSALAIAH,, S/O THALUPULAIAH,(4). AGED ABOUT 64YEARES, OCC. CULTIVATION, D.NO 7-27, SC COLNEY, THONDANGI VILLAGE AND MANDAL KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 4. P. SURYANARAYANA,, S/O CHINNARAO,(8). AGED ABOUT 54YEARES, OCC. CULTIVATION, D.NO 7-34, SC COLNEY, THONDANGI VILLAGE AND MANDAL KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 5. CH. JEEVARATNAM,, S/O MAHALAKAHMI,(9). AGED ABOUT 54YEARES, OCC. CULTIVATION, D.NO 7-195, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 6. G. SATHYANARAYANA,, S/O JOGIRAJULU,(10). AGED ABOUT 46 YEARES, OCC. CULTIVATION, D.NO 7-70, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADADISTRICT.(ERSTWHILEASTGODAVARIDISTRICT). ...PETITIONER(S) AND 2 1. THE COMMISSIONER FOR ENDOWMENT DEPARTMENT, 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): 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 high handed action of 5 thRespondentin issuing Auction Notification dated 19.09.2025 with out evicting the petitioners from schedule agricultural land as they are cultivating the Paddy crop for the last three months being sitting lease holder for the Extent (from 1 st April, 2022 to 1 st April, 2025) noted against each petitioner in respect of survey numbers mentioned there in situated at Thondangi Village and Mandal, Kakinada District is illegal, arbitrary and in violation of principals of natural justice, contrary to second limb of rule 7 of AP charitable and Hindu Religious and Endowments Agricultural Lease Rules 2003 read with section 83 of Endowment act,1987, besides violation of Article 14,19(1)(g),21 and 300-A of the Constitution of India by setting aside the same and pass IA 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 pleased to directed the 5 th Respondent to STAY of auction Notification dated 19.09.2025 or alternatively Not to dispossess the petitioners from the schedule agricultural land till the end of this agricultural year ( up to April 2026) pending disposal of the writ petition and pass Counsel for the Petitioner(S): 3 1. TATA SINGAIAH GOUD Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri Tata Singaiah Goud, learned counsel for the petitioners and Sri K.Koteswara Rao, learned Standing Counsel appearing for the 5th respondent. 2. It is contended that the petitioners are agricultural tenants for the previous crop year in respect of the subject land. The petitioners contend that the respondents have issued a notification for conducting an auction of leasehold rights in respect of the subject agricultural land, which they cannot do without seeking to evict the petitioners from the subject property in terms of the provisions of Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. 3. The petitioners had earlier approached this Court by way of a writ petition, W.P.No.21411 of 2025, challenging the auction notice dated 09.07.2025 in respect of the same subject land. The said writ petition was allowed by setting aside the auction notice, granting liberty to the respondents 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. Pursuant to this, the auction has been fixed for 06.10.2025, and the impugned auction notice has been issued accordingly. 4 4. When the matter is taken up for consideration today, Sri K.Koteswara Rao, learned Standing Counsel appearing for the 5th respondent would submit that the auction in respect of the subject land has not yet commenced and would be commenced during the course of the day, at any time. Having regard to this, the Court pointed out to the learned counsel for the petitioners why they did not opt to participate in the scheduled auction. The learned counsel stated that the respondents are not allowing his clients to participate in the auction and that the police force has also been deployed to prevent the petitioners from doing so. 5. Having regard to the same, this Court deems it appropriate to dispose of the writ petition, granting liberty to the petitioners to participate in the auction scheduled to be conducted today, subject to the fulfillment of tender conditions. The respondents shall not cause any hindrance to the petitioners' participation in this regard. The learned counsel appearing for the 5th respondent shall inform the 5th respondent accordingly, so that the petitioners may participate in the scheduled auction. 6. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:06.10.2025 ANI 5 62 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.27149 of 2025 Date:06.10.2025 ANI