Andhra Pradesh High Court - Amravati
Girijala Simhachalam vs The State Of Ap on 8 January, 2024
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT APPEAL No.984 of 2023
Girijala Simhachalam,
S/o. Ramulu, aged 58 years,
H.No.13-143, Indira colony, Bhimadole,
West Godavari District.
... Appellant
Versus
The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Endowments Department,
Secretariat Buildings, Velagapudi,
Guntur District and eight others.
...Respondents
Mr. K. K. Durga Prasad, Counsel, representing Mr. Babuji Tenneti, Counsel for the appellant.
Government Pleader for Endowments, Counsel for respondent Nos.1, 2 to 5 and 7.
Government Pleader for Revenue, Counsel for respondent Nos.3 and 8.
Ms. Pulipati Radhika, Standing Counsel for respondent No.6. None for respondent No.9.
HCJ & RRR, J 2 W.A.No.984 of 2023 DATE : 08.01.2024 PER DHIRAJ SINGH THAKUR, CJ:
The present writ appeal under clause 15 of the Letters Patent has been preferred against the judgment and order dated 20.07.2023 passed in W.P.No.16538 of 2023 whereby the writ petition filed by the petitioner/appellant herein was dismissed.
2. Briefly stated the material facts are that the appellant filed the writ petition before the learned single Judge challenging the auction conducted by the Executive Officer, Sri Cherukuwada Choultry, Powerpeta, Eluru District/respondent No.6, in respect of land measuring three acres fifty three cents in Survey No. 267, five acres and eighty cents in Survey No.282/1 in all measuring nine acres thirty three cents of Bhimadole Village in Eluru District. The case of the appellant was that he was granted a lease by respondent No.6 for a period of three years pursuant to an auction conducted on 21.06.2021. It was stated that leasehold rights were granted in favour of the appellant for cultivating the land for a period of three years i.e., 2021-2022 to 2023-2024 and that such a right was confirmed by the Deputy Commissioner, Endowments Department, Kakinada, vide its proceedings dated 06.07.2021. Cause of action is stated to have accrued to the appellant when a notice, dated 05.05.2023, was issued asking him to pay an amount of HCJ & RRR, J 3 W.A.No.984 of 2023 Rs.1,45,000/- (Rupees One Lakh Forty Five Thousand Only) as arrears, failing which the appellant, it is stated, was threatened that the lease would be cancelled and auction would be conducted in terms of the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. A reply also is stated to have been submitted on 23.06.2023. It is stated that without considering the reply the tender-cum-auction notice was issued on 26.06.2023 and the date of auction was reflected as 29.06.2023.
3. The appellant's case is that he had sought re-survey of land in question by the authorities, as the land which was leased out was less by one acre. Not only this, the case of the appellant before the writ Court was that the land which was so given on lease was low lying and could not be cultivated and therefore, losses were suffered. It was therefore urged that the official respondents ought not to have proceeded to conduct an auction of the leased land during the subsistence of the lease period and further, in doing so, principles of natural justice had been violated.
4. Case of the official respondents, on the other hand, was that the lease had been granted upon certain terms and conditions one of which was that the lessee had to pay an amount of Rs.1,32,000/- (Rupees One Lakh Thirty Two Thousand Only) per crop, failing HCJ & RRR, J 4 W.A.No.984 of 2023 which the lease in terms of the Clause 14 of the auction conditions, would be determined and be subject to further auction. Apart from this, even condition No.21 of the auction notice specifically states that the bidder would not be entitled to raise a dispute with regard to the discrepancies in regard to the measurement/extent of land.
5. The learned single Judge however dismissed the writ petition by holding that the principles of natural justice had not been violated and that notices had been issued to the appellant, inasmuch as he had failed to perform his part of the duty in depositing the lease amount after every crop.
6. Learned counsel for the appellant tried to reiterate the grounds as were urged before the learned single Judge.
7. We have heard learned counsel for the parties. Admittedly, the lease granted in favour of the appellant was subject to the condition that an amount of Rs.1,32,000/- (Rupees One Lakh Thirty Two Thousand Only) would be paid by the appellant after every crop. Failure of the appellant to do the needful would result in determination of the lease and re-auction of the property in terms of the Clause 14 of the auction conditions. Admittedly, notice dated 05.05.2023 was issued to the appellant to which even according to the appellant a reply was submitted. If the land in question was uncultivable or was in any manner less than what was supposed to HCJ & RRR, J 5 W.A.No.984 of 2023 have been given to the appellant in the auction conducted in the year 2021, it would have been open to the appellant to surrender his rights over the same. However, the appellant cannot have the cake and eat it too, by holding on to the leased premises yet claiming that the lease ought not to be determined on the ground that it measured less or the same was uncultivable or was low lying.
8. The official respondents appear to have taken steps in determining the lease, in accordance with the terms and conditions of the auction notice and as rightly held by the learned single Judge, there was no violation of the principles of natural justice.
9. Be that as it may, we do not find any merit in the writ appeal, and is accordingly dismissed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J SSN HCJ & RRR, J 6 W.A.No.984 of 2023 HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO WRIT APPEAL No.984 of 2023 DATE : 08.01.2024 SSN