Bollapullarayadu, vs The State Of Andhra Pradesh
2021 Latest Caselaw 2576 AP

       HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

              WRIT PETITION No.14505 of 2021

ORDER:

The petitioner is lessee of the 3rd respondent

institution to an extent of Ac.3.50 cents in R.S.No.343/4 and

R.S.No.338/1 of Manepalli Village, P.Gannavaram Mandal, East

Godavari District. He has also been declared as a landless poor

person, under Rule 3 of Andhra Pradesh Charitable and Hindu

Religious Institutions and Endowments Lease of Agricultural

Lands Rules, 2003 (for short, 'the Rules of 2003') by the

Assistant Commissioner, Endowments Department,

Rajahmundry in proceedings Rc.No.A2/9661/2003, dated

24.12.2003.

2. The petitioner has now approached this Court, being

aggrieved by the action of the 3rd respondent in seeking to

conduct auction of the lease hold rights of the land held by the

petitioner for the period 2021 to 2023.

3. Sri Ponnada Sree Vyas, learned counsel appearing

for the petitioner submits that once the petitioner has been

recognized as a landless poor person, under the provision of

Section 82 of Andhra Pradesh Charitable and Hindu Religious

Institutions & Endowments Act, 1987 (for short 'the Act') r/w

Rule 3 of 'the Rules of 2003', the respondents cannot auction

the lease hold rights and the petitioner is entitled to continue as

lessee on payment of 2/3rd of the market rent for similarly

situated lands.

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                                                   W.P.No.14505 of 2021

4. Sri K.Madhava Reddy, learned Standing Counsel

appearing for the 3rd respondent would submit that even though

the petitioner had been recognized as a landless poor person in

2003, the said recognition has to be renewed every three (3)

years, on account of the proviso to Rule 3(3) of Andhra Pradesh

Charitable and Hindu Religious Institutions and Endowments

Lease of Agricultural Lands Rules, 2003. He submits that as

the petitioner did not obtain such certification after 2003, he

would not be entitled to be treated as a landless poor person

and the 3rd respondent can go ahead with the auction.

5. The proviso to Rule 3(3) of Andhra Pradesh

Charitable and Hindu Religious Institutions and Endowments

Lease of Agricultural Lands Rules, 2003, reads as follows:

"Provided the status of every Land Less Poor tenant shall be reexamined once every three years and appropriate orders shall be passed by the Assistant Commissioner having territorial jurisdiction as the economic status of any person is not a constant. It is equally applicable to cases where persons already declared as Land Less Poor tenants shall also be reviewed once every three years henceforth"

6. This Court by a Judgment in W.P.No.19149 of 2020,

dated 06.07.2021 had held that this provision would only be

permit the Endowment Authorities to review the status of the

tenant and the said provision cannot be understood or read to

mean that the tenant has to approach the authority every three 3 RRR,J W.P.No.14505 of 2021

(3) years for renewal of his/her status, as a landless poor

person.

7. In that view of the matter, the petitioner is entitled

to continue as a tenant of the 3rd respondent as long as he pays

the lease amounts to the 3rd respondent in accordance with the

provisions of Section 82 of Andhra Pradesh Charitable and

Hindu Religious Institutions & Endowments Act, 1987. For the

purpose of ascertaining the market rents, it would be open to

the 3rd respondent to conduct the auction. In the event of such

an auction being conducted, the 3rd respondent shall intimate

the bid amount given by the successful bidder, and the

petitioner can be called upon to pay 2/3rd of the said amount

within a reasonable period of time, which shall be fixed in the

notice itself. In the event of the petitioner failing to pay the

reasonable amount, the successful bidder can be called upon to

pay the successful bid amount within one day of the intimation

to the successful bidder. In case the successful bidder fails to

pay the bid amount, the entire auction shall be cancelled and a

fresh auction shall be conducted without dispossessing the

petitioner from the land.

8. If the 3rd respondent chooses not to conduct the

auction, it would be open to the 3rd respondent to fix the rent

payable by the petitioner in accordance with the Act and the

Rules and after giving due opportunity to the petitioner.

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                                                  W.P.No.14505 of 2021

9. Accordingly, the writ petition is allowed. There shall

be no order as to costs.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

24.07.2021
SDP
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                                    W.P.No.14505 of 2021

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.14505 of 2021

24-07-2021

SDP