Mannam Ramana Reddy, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3061 AP

        HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

              WRIT PETITION No.16705 of 2021

ORDER:

The present writ petition was filed by three petitioners,

assailing the notification issued by the 5th respondent-temple for

auction of the leasehold rights of Ac.9.90 cents of land situated

in Re-survey No.137/1B2A1B of Pernamitta Revenue Village in

Santhanuthalapadu Mandal, Prakasam District on the ground

that all the petitioners are landless poor persons, who would be

entitled to the benefit of Sec.82 of Andhra Pradesh Charitable

and Hindu Religious Institutions and Endowments Act, 1987

(for short 'the Act).

2. Smt.Nimmagadda Revathi, learned counsel for the

petitioners submits that the certificate said to have been issued

to the 3rd petitioner could not be found. As far as the 2nd

petitioner is concerned, she submits that the husband of the 2 nd

petitioner was declared as landless poor person in accordance

with the A.P.Charitable and Hindu Religious Institutions &

Endowments Lease of Agricultural Lands Rules, 2003 (for short

'the Rules') and upon his demise, she is now the lessee of the 5th

respondent-temple.

3. Sri G.Ramana Rao, learned standing counsel

appearing for the 5th respondent-temple submits that in view of

the Judgment of this Court in W.P.No.14504 of 2021, dated

28.07.2021, the benefits of the status of landless poor person

would be available only to the person in possession of the land

as lessee of the Endowment Institution at the inception of the

Act and after obtaining a certificate to that effect from the

concerned authority, provided he has been in continuous

possession of the said land for a period of six years prior to the

inception of the Act. He submits that in view of this Judgment,

the 2nd petitioner would not be entitled to any further benefit as

a landless poor person.

4. In view of the aforesaid Judgment and in view of the

fact that the 3rd petitioner is unable to produce the certificate

said to have been issued in his favour, no protection can be

granted to the petitioners 2 and 3.

5. However, since the 1st petitioner has produced a

landless poor person certificate, certifying his status as a

landless poor person, the 1st petitioner is entitled to the

protection of Section 82 of the Act and the leasehold rights of

the land in his possession cannot be put to auction as long as

he is paying the 2/3rd of the market value of the rent for the said

land as determined in accordance with the provisions of the Act

and Rules.

6. In these circumstances, the respondents can go

ahead with the auction proceedings relating to the leasehold

rights of the land in the possession of the petitioners 2 and 3.

However, the auction of the leasehold rights of the land held by

the 1st petitioner cannot go ahead and the 1st petitioner shall be

entitled to continue in possession of the land, as the lessee of

the 5th respondent-temple as long as he pays the rent payable

by him under Section 82 of the Act and as long as his status of

landless poor person is not disturbed by way of a review under

the proviso to Rule 3(3) of the Rules.

7. Accordingly, the writ petition is disposed of. There

shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

16.08.2021 RJS

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.16705 of 2021

16.08.2021

RJS