IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATU (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 19573 OF 2012 I Between: Kannasani China Obaiah @ Obaiah, S/o. Late Balaiah, Hindu, aged about 86 years, Occ: Agricultural, R/o. J.P. Cheruvu, Racherla Mandal, Prakasam District ...PETITIONER AND 1. Sri Brahmaramba Mallikarjuna Swamy Varla Devasthanam, Srisailam, Kurnool District rep. by its Spl. Grade Deputy Collector & Executive Officer. 2. The Tahsildar, The Mandal Revenue Office, Racherla Village, Racherla Mandal, Prakasam District. ...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 in the nature of WRIT OF MANDAMUS declare the public auction notification issued in Rc. No. C5/5399/2010 dated 20-06-2012 issued by the 1®* respondent which is published in Andhra Jyothi daily news paper local edition dated 21-06-2012 proposing to auction the one year lease hold rights of the lands in Sy. No. 402 to the extent of Ac. 7.87 cents and land to an extent of Ac. 1.69 cents in Sy. No. 404 of Jallivaripullalacheruvu, Racherla Mandal, Prakasam District on 02-07-201 g^for the lease year 2012-2013 by claiming those lands as the lands of thegPrespondent as illegal, arbitrary voilative of principles of natural justice and consequently direct the respondents to continue the petitioner in occupation of the lands in Sy. No. 402 to the extent ' of Ac. 5.87 cents and land to the extent of Ac. 1.69 in Sy. No. 404 of Jallivaripullalacheruvu, Racherla Mandal, Prakasam District. •• t! LA. NO: 2 OF 2012(WPMP. NO: 25080 OF 2012) 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 the public auction notification issued in Re. No. C5/5399/2010 dated 20-06-2012 issued by the 1®‘ respondent which is published in Andhra Jyothi daily news paper local edition dated 21-06-2012 so far as proposing to auction the one year lease hold rights of the lands in Sy. No. 402 to the extent of Ac. 5.87 cents and land to the extent of Ac. 1.69 in Sy. No. 404 of Jallivaripullalacheruvu, Racherla Mandal, Prakasam District on 02-07-2012 is concerned. LA. NO: 1 OF 2012(WVMP. NO: 4282 OF 2012) Between: Sri Brahmaramba Mallikarjuna Swamy Varla Devasthanam, Srisailam, Kurnool District rep. by its Spl. Grade Deputy Collector & Executive Officer. ...PETITIONER AND 1. Kannasani China Obaiah @ Obaiah, S/o. Late Balaiah, Hindu, aged about 86 years, Occ: Agricultural, R/o. J.P. Cheruvu, Racherla Mandal, Prakasam District 2. The Tahsildar, The Mandal Revenue Office, Racherla Village, Racherla Mandal, Prakasam 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 orders passed in WP.MP.No.25080 of 2012 in WP.No.19573 of 2012, dated 29.6.2012 and dismiss the main writ petition. 4^,% Counsel for the Petitioner: SRI M. SUBBA REDDY Counsel for the Respondent No.1: SRI G. RAMANA RAO, SC FOR ENDOWMENTS Counsel for the Respondent No.2: GP FOR REVENUE The Court made the following: ORDER S' APHC010394612012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 19573/2012 Between: Kannasani China Obaiah @ Obaiah ...PETITIONER AND Sri Brahmaramba Mallikarjuna Swamy Varla Devasthanam and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.MSUBBA REDDY Counsel for the Respondent(S): 1. V T M PRASAD SC FOR ENDOWNMENTS 2.GP FOR REVENUE 3.GP FOR ENDOWMENTS 4.A SREEKANTH REDDY(SC FOR ENDOW RS) The Court made the following Order: This petition is filed under Article 226 of the Constitution of India for the following relief:- “...to issue an appropriate writ, order or direction more In the nature of WRIT OF MANDAMUS declare the public auction notification issued in Rc.No.05/5399/2010 dated 20.06.2012 issued by the respondent which is published in Andhra Jyothi daily news paper local edition dated 21.06.2012 proposing to auction the one year lease hold rights of the lands In Sy.No.402 to the extent of Ac.7.87 cents and land to an extent of Ac. 1.69 cents in Sy.No.404 of Jaillvaripullalacheruvu, Racherla Mandal Prakasam District on 02.07.2012 for the lease year 2012-2013 by claiming those lands as the lands of the respondent as illegal arbitrary, voilative of principles of natural justice and consequently direct the respondents to continue the petitioner in occupation of the lands in Sy.No.402 to the extent of Ac. 5.87 cents and land to the extent of Ac.1.69 in Sy.No.404 of Jallivaripullalacheruvu, Racherla Mandal, Prakasam District...’’., On 29.06.2012, this Court while ordering Notice before Admission has granted the following interim order;- 2. "... Heard Sri M.Subba Reddy, learned counsel for the petitioner and Sri V.T.M.Prasad, learned standing counsel for the Endowments for the first respondent. While the proposed auction can go on, it shall not be finalized, until further orders herein and the petitioner Is also at liberty to participate in the auction, if he so desires and is so advised...” 3. None appears for the petitioner. It is represented that the learned counsel for the petitioner expired long back. Mr G.Ramana Rao, learned Standing Counsel appears for the 1®‘ respondent and the learned Government Pleader for Revenue appears for the 2"'^ respondent. On hearing, both the learned counsels appearing for the respondents submits that as there is a title dispute, the petitioner can approach the Tribunal constituted under the Endowments Act for redressal of his grievance. But, without availing the same, the petitioner has filed the 4. present Writ Petition which is illegal and arbitrary. They further submits that the subject lease period is only for the period 2012-13, the present Writ Petition for further adjudication and the same is liable to be closed. as no cause survives in r 5. Perused the record. 6. On perusal of the record, it appears that as subject lease period ended in the year 2013 itself, no cause survives in the present Writ Petition at present. But, as there is a title dispute between the parties, this Court is inclined to dispose of the present writ petition, by granting liberty petitioner to approach the Endowments Tribunal for redressal of his grievance. to the 7. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioner to file appropriate application before the Endowments Tribunal for redressal of his grievance within a period of three (03) months from the date receipt of a copy of this order. There shall be no order as to costs. of As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Spl. Grade Deputy Collector & Executive Officer. Sri Brahmaramba Mallikarjuna Swamy Varla Devasthanam,, Srisailam, Kurnool District. 2. The Tahsildar, The Mandal Revenue Office, Racherla Village, Racherla Mandal, Prakasam District. 3. One CC to Sri M. Subba Reddy, Advocate [OPUC] 4. One CC to Sri G. Ramana Rao, SC for Endowments[OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:02/01/2025 I " ORDER WP.No.19573 of 2012 DISPOSING OF THE W.P. WITHOUT COSTS