APHC010078662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4394/2026 Between: 1. VEERADIMMU SRINIVASULU REDDY, S/O VEERADIMMU VENKATA SUBBA REDDY, R/O. KOTHURU VILLAGE, VINJAMUR MANDAL, SPSR NELLORE, A.P. 524228, PH.8297277416 2. VANGALA NARAYANA REDDY,, S/O VENKATA REDDY NADIMUM, VINJAMUR POST AND MANDAL, SPSR NELLORE A.P. 524228 3. VEERADIMMU KRISHNA REDDY,, S/O VEERADIMMU VENKATA NARASA REDDY, D. NO. 13-93, NADIMUM, VINJAMUR POST MANDAL SPSR NELLORE, A.P. - 524228 4. VAVILALLABHAGYA LAKSHMI,, W/O LATE VEERARAGHAVULU D. NO. 13-60, NADIMUM, VINJAMUR POST MANDAL, SPSR NELLORE, A.P. - 524228, PH. 9492935539 5. TIMMALAPUDIKOTAIAH,, S/O VEERAIAH, R/O. NADIMUM, VINJAMUR POST MANDAL SPSR NELLORE, A.P. - 524228 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT - 522237 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT - 521225 2 3. SRI DHARMA SATRAM, VINJAMOOR VILLAGE AND MANDAL, SPSR NELLORE DISTRICT REP. BY ITS EXECUTIVE OFFICER ...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 a writ or direction, more particularly one in the nature of Writ of Mandamus declaring action of the 3rd respondent in conducting auction of the shop No's 1 to 5 situated at Sy. No. 587, Vinjamuru village and Mandal, SPSR Nellore District pending consideration of petitioners representation dated 09.02.2026 as bad, illegal, arbitrary, without Jurisdiction, violative of Principles of Natural Justice and violative of Articles 14, 19 (1) (g) and 21 of Constitution of India and consequently direct the respondent to consider petitioners representation dated 09.02.2026 and to extend the lease for a further period of 3 years and pass IA NO: 1 OF 2026 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 direct the respondents not to conduct the auction pending consideration of the petitioners representation dated 09.02.2026 and pass Counsel for the Petitioner(S): 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4394/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of declaring action of the 3rd respondent in conducting auction of the shop Nos.1 to 5 situated at Sy.No.587, Vinjamuru village and Mandal, SPSR Nellore District pending consideration of petitioners’ representation dated 09.02.2026 as bad, illegal, arbitrary, without Jurisdiction, violative of Principles of Natural Justice and violative of Articles 14, 19 (1) (g) and 21 of Constitution of India and consequently direct the respondent to consider petitioners’ representation dated 09.02.2026 and to extend the lease for a further period of 3 years and pass such other order.” 2. Heard learned counsel for the petitioners, learned Government Pleader for respondent Nos.1 and 2 and the learned Standing Counsel for respondent No.3. 3. Learned counsel for the petitioners submits that the petitioners are enjoying the right of possession since 20 years in respect of shop Nos.1 to 5 situated at Sy.No.587, Vinjamuru Village and Mandal, SPSR Nellore district. But without issuing any prior notice to the petitioners and without following due procedure as contemplated, the respondent No.3-Satram issued a public auction notice in respect of subject shop Nos.1 to 5 for conducting auction for granting lease hold rights for a period of eleven years as per Rule 12 of the Andhra Pradesh Charitable and Hindu Religious Institutions 4 and Endowments Immovable Properties and Other Right (Other than Agricultural Lands) Leases and Licenses Rules, 2003 (herein after referred as ‘Rules, 2003’), which is contrary to law. The petitioners herein submitted a representation on 09.02.2026 seeking for extension of the lease. But, the respondents issued a public auction notice on 05.02.2026 stating that the entire exercise for granting lease hold rights will be completed on or before 20.02.2026. Since, the petitioners submitted their representation, the respondents are not entitled to proceed further without disposing of the representation of the petitioners dated 09.02.2026. 4. On the other hand, learned Standing Counsel appearing for respondent No.3 submits that the petitioners herein are not the existing lease holders. On the other hand, the petitioners are only sub-lessees on behalf of the original lease holders who were granted lease long back and without there being any extension or renewal of lease by express proceedings. She further submits that as per the directions of this Court vide order dated 23.07.2025 passed in W.P.No.18915 of 2025, the respondent No.3-Satram proposed to conduct auction in compliance of the orders of this Court. She further submits that the petitioners herein neither vested with any rights as existing lease holders nor hold any other semblance of valid rights to stall the public auction which is meant for granting lease hold rights 5 by respondent No.3 in compliance of the order of this Court as well as the Rules, 2003. Therefore, the Writ Petition is not maintainable. 5. Heard both the learned counsel and perused the instructions submitted by respondent No.3 dated 13.02.2026, wherein it is stated that this Court specifically directed in W.P.No.18915 of 2025 for conducting public auction in respect of shops vested with respondent No.3-Satram. Further, admittedly the petitioners herein are the sub-lessees and they did not valid leaseholders and no public auction was conducted for granting such rights even in favour of the original lease holders. Therefore, the entire rights which were canvassing by the petitioners are contrary to the Rules, 2003. The contention of the learned counsel for the petitioner for consideration of the representation dated 09.02.2026 being possessor of the subject shop is not entitled on the ground since he is not a valid lease holder, but he can be treated as only unauthorized person. However, since he submitted representation it is the duty cast upon respondent No.3 to consider the same and pass appropriate orders. Therefore, this Court is of the considered opinion the present Writ Petition can be disposed of directing the respondents to proceed with the auction in terms of auction notice dated 05.02.2026 and finalize the auction in terms of auction notice as well as Rules, 2003. In the meanwhile respondent No.2 is also directed to dispose of the representation of the petitioner dated 6 09.02.2026 before finalization of the tender i.e., on or before 20.02.2026. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 16.02.2026 TTPPSS 7 89 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4394/2026 16.02.2026 TTPPSS