THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.9603 of 2021
ORDER:-
The 1st petitioner was the lessee of an extent of Ac.3.00
cents and the 2nd petitioner was lessee of an extent of Ac.2.65
cents situated in Sy.No.24 of Potharlanka Village, Kolluru
Mandal, belonging to Sri Malleswara Swamy Temple. The
petitioners had also been granted certificates, that they are
landless poor persons, by the Assistant Commissioner, Guntur
vide proceedings in Rc.No.B2/15005/2003, dated 26.09.2003
and proceedings in Rc.No.B2/14965/2003, dated 26.09.2003
respectively. The petitioners continued in possession of the said
lands as lessees and had been paying Makta to the temple
regularly. At that stage, the 3rd respondent Executive officer of
the temple had issued notices dated 04.05.2020 to the petitioners calling upon them to produce fresh certificates that they are landless poor persons as defined under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 1987, failing which they would not be permitted to enter into the lands. The petitioners had replied to the said notices stating that they continued to remain landless poor persons and they would take all necessary steps to obtain such certificates.
2. While the matter stood thus, the 3rd respondent sought to coduct auction of the leasehold rights of these lands. Thereupon, the petitioners have given representations dated 05.04.2021 and 23.04.2021 requesting the 3rd respondent to renew their lease. As no such renewal would have been made RRR,J 2 W.P.No.9603 of 2021 and steps were being taken to conduct the public auction on 26.04.2021, the petitioners had approached this Court by way of the present writ petition.
3. On 06.05.2021, this Court had granted an interlocutory order that the 3rd respondent shall not interfere with the possession and enjoyment of the 2nd petitioner, who have an extent of Ac.0.30 cents and Ac.040 cents of land. Thereafter, the said order came to be extended from time to time. However, it is now submitted in the counter affidavit filed by the 3rd respondent that possession of these lands are said to have been handed over to the successful bidders in the auction conducted on 26.04.2021 even before the orders of this Court had been passed on 06.05.2021. In view of this statement, the petitioners had impleaded the successful bidders of the respondents 5 and 6. When notices, were sought to be served on these respondents, they appear to have refused to receive the said notices as can be seen from the track consignment note filed by the petitioners under Memo dated 05.10.2021 in USR.No.52101 of 2021.
4. The core issue involved in the present case is the question of whether persons who have been recognized as landless poor persons earlier require renewing their certification every three years. This issue has been decided by this Court by an order dated 28.07.2021 in W.P.No.14504 of 2021. In that Judgment, this Court had held that once a person has been recognized as a landless poor person, no further renewal is required to be obtained by such persons. However, it would be open to the endowment authorities to review the said certificates every three years. In that view of the matter, there RRR,J 3 W.P.No.9603 of 2021 was no necessity for the petitioners to obtain renewal of their certificates and consequently, the 3rd respondent could not have issued notices calling upon the petitioners to obtain renewal to the certificates or to auction the leasehold rights of these lands.
5. The provisions of Section 82 and 83 of the Endowments Act, 1987 clearly protect the interest of persons who have been recognized as landless poor persons and mandate that such person shall continue as lessees of the endowments institutions subject to payment of rents.
6. In these circumstances, the auction conducted on 26.04.2021 and the subsequent eviction of the petitioners from the said land is clearly untenable and illegal.
7. Accordingly, the writ petition is allowed setting aside the said auction said to have been conducted on 26.04.2021 and all subsequent orders confirmation of such auction by the endowment authorities. Consequently, the respondents 5 and 6 shall handover possession of the land to the petitioners within two weeks from the date of receipt of this order, failing which petitioners shall be entitled to take the possession. In the event of any resistance by the respondents 5 and 6, the petitioners shall be entitled to seek police assistance to take possession of the land. There shall be no order as to costs.
Miscellaneous petitions, pending if any, in this Writ Petition shall stand closed.
___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 07-10-2021 RJS RRR,J 4 W.P.No.9603 of 2021 THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION No.9603 of 2021 Date : 07 -10-2021 RJS