APHC010231372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE 18th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 12184/2026 Between: 1. ANUMOLU NAGESWARA RAO, S/O.RAMAIAH, AGED. 68 YEARS, OCCUPATION: CULTIVATION, R/O.D.NO. 2-547, CHERUKURU VILLAGE, PONNALUR MANDAL, PRAKASAM DISTRICT. 2. TANNERU CHINA LAKSHAMMA, W/O. CHINNA SUBBARAO, AGED. 46 YEARS, OCCUPATION CULTIVATION, R/O.D.NO. 2-252, CHERUKURU VILLAGE, PONNALUR MANDAL, PRAKASAM DISTRICT. 3. ANUMOLU MALAKONDAIAH,, S/O. RAMAIAH, AGED. 58 YEARS. OCCUPATION CULTIVATION R/O.D.NO. 8-1-27-1, EAST KAMMAPALEM, KANDUKURU MANDAL, PRAKASAM DISTRICT. 4. MUNDLAMURI RADHA KRISHNA MURTHY @ RADHA KRISHNAIAH,, S/O KISCHAIAH @ PITCHAIAH, AGED. 69 YEARS, R/O MUNDLAMURIVARI PALEM, PONNALURU MANDIA, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF ENDOWMENTS, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, VIJAYAWADA, NTR (ERSTWHILE KRISHNA) DISTRICT, ANDHRA 2 PRADESH. 520001 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT ONGOLE.523001 4. SRI MALLESWARA SWAMY TEMPLE, PEDAIRLAPADU VILLAGE, PEDACHERLOPALLI MANDAL, MARKAPURAM (ERSTWHILE PRAKASAM) DISTRICT, 523302 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 4th respondent in issuing Auction Notice cum Publication dated 20.04.2026 proposed to conduct auction on 04.05.2026 in respect of lease hold rights of the agricultural lands situated in an extent of Ac. 4.82 Cents in survey number 1200, 1201/2, Ac. 4.50 Cents in survey number 1200, Ac. 4.82 Cents in survey number 1200, 1201/2 and Ac.4.88 Cents in Patta No.211, Sy.No.462/3 of Cherukuru Revenue Village, Ponnaluru Mandal, Prakasam District for a period of three (3) years i.e., 2026-27 to 2028-29, which are under the cultivation of the petitioners as confirmed by the respondents and declared the petitioners as Small Farmers in the year 2004 by the Assistant Commissioner of Endowments, which holds good till date, despite the earlier orders of this Honble Court dated 17.07.2025 in WP.No.18166 of 2025 as illegal, arbitrary, unjust, malafide and against the principles of Natural Justice besides violation of Article 14, 21 and 300-A of the Constitution of India and to consequently set aside the same by directing the respondents not to interfere with the possession and enjoyment of the petitioners in respect of the subject lands in any manner including auction of the leasehold rights, inducting 3rd parties etc., in the interest of justice and to 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 to direct the respondents not to interfere with the possession and enjoyment of the petitioners in any manner including auction of the leasehold rights scheduled to be held on 04.05.2026 or on any other date, inducting 3^^ parties etc., in respect of the agricultural lands situated in an extent of Ac. 3 4.82 Cents in survey number 1200, 1201/2, Ac. 4.50 Cents in survey number 1200, Ac. 4.82 Cents in survey number 1200, 1201/2 and Ac.4.88 Cents in Patta No.211, Sy.No.462/3 of Cherukuru Revenue Village, Ponnaluru Mandal, Prakasam District, by suspending the impugned auction notice cum publication dated: 20.04.2026, during the pendency of the writ petition, in the interest of justice and to pas IA NO: 2 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 may be pleased to dismiss the above WP.No.12184 of 2026 while vacating the Interim orders dated 30.04.2026, and to pass Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 2. DEVI SUBHASHINI ANNE SC For Endowments The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.12184 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 4th respondent in issuing Auction Notice cum Publication dated 20.04.2026 proposed to conduct auction on 04.05.2026 in respect of lease hold rights of the agricultural lands situated in an extent of Ac.4.82 Cents in survey number 1200, 1201/2, Ac.4.50 Cents in survey number 1200, Ac.4.82 Cents in survey number 1200, 1201/2 and Ac.4.88 Cents in Patta No.211, Sy.No.462/3 of Cherukuru Revenue Village, Ponnaluru Mandal, Prakasam District, for a period of three (3) years i.e., 2026-27 to 2028-29, which are under the cultivation of the petitioners as confirmed by the respondents and declared the petitioners as Small Farmers in the year 2004 by the Assistant Commissioner of Endowments, which holds good till date, despite the earlier orders of this Honble Court dated 17.07.2025 in WP.No.18166 of 2025 as illegal, arbitrary, unjust, malafide and against the principles of Natural Justice besides violation of Article 14, 21 and 300-A of the Constitution of India and to consequently set aside the same by directing the respondents not to interfere with the possession and enjoyment of the petitioners in respect of the subject lands in any manner including auction of the leasehold rights, inducting 3rd parties etc., in the interest of justice and pass such other order or orders.…” 2. The 4th respondent issued auction notification, dated 20.04.2026, proposing to conduct auction on 04.05.2026 in respect of leasehold rights of the agricultural lands, situated in various extents at Cherukuru Revenue Village, Ponnaluru Mandal, Prakasam District. Challenging the said auction notification, the present writ petition has been filed. 3. Heard learned counsel for the petitioners and learned counsel for respondents. 5 4. Learned counsel for the petitioners would submit that earlier, the respondents had issued an auction notification, which was challenged in W.P.No.18166 of 2025 on the ground that unless the respondents review the status of petitioner as landless poor person, the respondents could not issue an auction notification. This Court, while disposing of W.P.No.18166 of 2025, directed the respondents to conduct an enquiry, relating to the landless poor person status, under Sub Rule 3 of Rule 3 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 and in terms of G.O.Ms.No.379. Consequently, the impugned notice therein was set aside, subject to the condition that the petitioners remit a sum of Rs.6500/- per annum per acre towards maktha in favour of respondent No.3-Temple. 5. Learned counsel for petitioners further submits that as directed by this Court, the respondents have neither conducted the enquiry nor reviewed the status of the landless poor person. Therefore, the respondents are not justified in issuing the present auction notice. Hence, learned counsel prays to set aside the impugned auction notice dated 20.04.2026. 6. The respondents filed counter-affidavit stating that notice was issued to the petitioners on 08.09.2025. Petitioners 1 and 3 appeared before the authorities for enquiry but refused to affix their signatures. Thereafter, another notice was issued on 09.09.2025, directing the petitioners to attend for enquiry 6 on 15.09.2025. However, petitioners failed to attend the enquiry and the enquiry was closed. 7. Learned counsel for the petitioners submits that the assertion made by the respondents in the counter-affidavit that the petitioners were called to attend for an enquiry on 15.09.2025 is false. Learned counsel drew the attention of this Court to the relevant material papers at page Nos.20 and 21, i.e., postal receipts, that addressed to the writ petitioners indicates that the register letter was posted on 10.10.2025. Meanwhile, the 3rd respondent- Assistant Commissioner issued proceeding dated 08.10.2025, the petitioner does not come under the category of small farmer, as specified under Sub Rule 3 of Rule 3 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agriculture Land Rules 2003 and in terms of G.O.Ms.No.379. 8. The said proceeding dated 08.10.2025, is contrary to the order of this Court in W.P.No.18166 of 2025. It clearly indicates that no notice was issued as observed in the counter-affidavit. As rightly argued by the learned counsel for petitioners, unless the petitioners were declared as not small farmers, the respondents cannot issue an auction notice inviting tender for lease of the subject property of the writ petition. 9. At this juncture, learned counsel for respondents requests this Court that the respondents may be allowed to issue fresh notice to the petitioners and the petitioners may be directed to cooperate for enquiry and then the 7 authorities will pass appropriate orders after providing ample opportunity to the petitioners. 10. Considering the request made by the learned counsel for respondents, the present Writ Petition is disposed of with the following directions: (a) auction notification dated 20.04.2026, is hereby set aside. (b) the concerned authority is directed to issue fresh notice to the petitioners. (c) On receiving such notice, the petitioners are directed to file objections to the said notice. (d) the respondents are directed to conduct enquiry, and pass appropriate orders, as expeditiously as possible and in accordance with law, after providing ample opportunity of hearing to the petitioners. (e) There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 18.08.2026 KBN 8 114 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.12184 of 2026 Date: 18.08.2026 KBN