Akulasrinivasulu vs State Of Andhra Pradesh
2021 Latest Caselaw 2640 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                         W.P.No.11460 of 2021

ORDER:

The petitioner is the lessee of Sri Uma Maheswara Swamy Temple,

which is being managed by the 4th respondent-Executive Officer, to an

extent of Ac.1.55 cents in Sy.No.247 of Kondapeta Village, Chennuru

Mandal, Y.S.R. Kadapa District.

2. It is the case of the petitioner that he has been the lessee of

the temple from 2004 onwards, as he was the highest bidder in the

auction conducted by the 4th respondent. The petitioner now claims that

he is entitled to the benefit of Section 82 of the Andhra Pradesh

Charitable and Hindu Religious Institutions and Endowments Act, 1987,

(for short 'the Act') and should be permitted to either purchase the land

under the provisions of Section 82 of the Act or to be granted a lease for

a continuous period of 20 years.

3. The petitioner states that he made representations to that

effect to the 3rd respondent on 08.03.2021 and 23.05.2021. Despite the

said representations, the 3rd respondent sought to auction the leasehold

rights of the land by way of a public notice issued on 11.06.2021 for

conducting auction on 21.06.2021. When the 4th respondent sought to

auction the leasehold rights of the land in question, under the auction

notice dated 11.06.2021, the petitioner has approached this Court

assailing the said auction notice and for a direction to the 3rd and 4th

respondents either to grant the leasehold rights or to sell the land in

question to the petitioner.

                                        2                             RRR,J
                                                      W.P.No.11460 of 2021

4. Sri G.U.R.C. Prasad, learned counsel appearing for the

petitioner would submit that by virtue of Section 82 of the Act, the

petitioner is entitled to purchase the said land or in the alternative to

continue as a lessee of the land on payment of the amount set out under

Section 82 of the Act. Sri G.U.R.C. Prasad further submits that the

petitioner had, in fact, sought extension of lease for a period of 20 years

from the 4th respondent by way of applications dated 08.03.2021 and

23.05.2021.

5. Sri G.U.R.C. Prasad, learned counsel for the petitioner would

also submit that even though the petitioner had not been recognised as a

land less poor person, in accordance with the procedure set out under

Rule 3 of the Andhra Pradesh Charitable and Hindu Religious Institutions

and Endowments Lease of Agricultural Lands Rules, 2003 (for short 'the

Rules'), the petitioner has to be recognised as a landless poor person and

given the benefit of Section 82 of the Act. It is submitted that the

petitioner would be entitled either to claim for purchase of the land or for

continuation as a lessee on payment of 2/3rd of the lease rental, which

could be obtained for the said land.

Consideration of the Court:

6. The petitioner would be entitled for any benefit under

Section 82 of the Act only upon being recognised as a landless poor

person. Rule 3 of the Rules sets out the procedure for being recognized as

a landless poor person. In the present case, the petitioner has neither

made an application to be recognized as a landless poor person nor has

he been recognized as a landless poor person nor given any certificate

recognizing him as a landless poor person. In the circumstances, the 3 RRR,J W.P.No.11460 of 2021

petitioner would not be entitled to any of the benefits set out under

Section 82 of the Act. Even on merits, the petitioner will not succeed in his

attempt to be recognized as a landless poor person.

7. Section 82 (2) of the Act reads as follows:

82 (2): In respect of leases of agricultural lands [other than those lands situated in Municipalities and Municipal Corporations] held by landless poor person for not less than six years continuously, such person shall have the to purchase such lands for a consideration of seventy five per centum of the prevailing market value of similarly situated lands at the time of purchase and such consideration shall be paid in four equal installments in the manner prescribed. Such sale may be effected otherwise than by tender-cum-public auction :

[Provided that if such small and marginal farmers who are not able to purchase the land will continue as tenants provided, if they agree to pay at least two third of the market rent for similarly placed lands as lease amount.

Explanation. - For the purpose of this sub-section 'landless poor person' means a person whose total extent of land held by him either as owner or as cultivating tenant or as both does not exceed 1.01,1715 hectares (two and half acres) of wet land or 2.02,3430 hectares (five acres) of dry land and whose monthly income other than from such lands does not exceed thou sand rupees per mensum or twelve thousand rupees per annum. However, those of the tenants who own residential property exceeding two hundred square yards in Urban Area shall not be considered as landless poor for the purpose of purchase of endowments property.]

[Explanation II. - For the purpose of this sub-section, small and marginal farmer means a person who being a lessee is holding land% in excess of acres 0.25 cents of wet land or acres 0.50 cents of dry land over and above the ceiling limits of acres 2.50 wet or acres 5.00 dry land respectively they may be allowed to continue in lease subject to payment of 2/3rd of 4 RRR,J W.P.No.11460 of 2021

prevailing market rent and excess land held if any more than the above limits shall be put in public auction.]

8. The procedure for a lessee to be recognized as a

landless poor person is set out in Rule 3 of the Rules, which reads as

follows:

Rule 3: Determination of Landless Poor Person:- (1) Immediately after coming into force of these rules, if any cultivating tenant claims to be a landless poor person, the Assistant Commissioner having territorial Jurisdiction shall enquire into and decide whether the cultivating tenant is a landless poor person as defined in Section 82 after giving a reasonable opportunity to the cultivating tenant and to the Executive Authority of the concerned institution or Endowment. (2) If the cultivating tenant does not claim to be a landless poor person or if the Assistant Commissioner concerned determines that the cultivating tenant is not a landless poor person, the tenancy will be deemed to have been cancelled with effect from 28.05.1987 and the cultivating tenant shall be regarded as a tenant holding over thereafter. (3) Notwhithstanding anything contained under sub-rule (2), where a snmall farmer, being a lessee is holding land in excess of Ac.0.25 cents wet land or Ac.0.50 cents of dry land over and above the ceiling limits of Ac.2.50 cents wet land or 5.00 acres dry land respectively, they may be allowed to continue in lease subject to payment of 2/3rd of prevailing market rent and excess land if any more than the above limits shall be taken over by the institutions and such piece of land shall be put in Public Auction for lease. Provided the status of every Land Less Poor tenant shall be re-examined 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 5 RRR,J W.P.No.11460 of 2021

persons already declared as Land Less Poor tenants shall also be reviewed once every three years henceforth.

9. A perusal of these provisions would clearly indicate that

only such persons, who were in possession of the endowment lands

as lessees, at the time when the Act came into force, would be

entitled to be considered for being given the status of landless poor

persons as defined under Section 82 of the Act. Any lessee, who is

put into possession of any endowment land, after the Act came into

force, cannot be given the status of a landless poor person to whom

Section 82 of the Act can be extended.

10. The erstwhile High Court of Judicature at Hyderabad for

the State of Telangana and the State of Andhra Pradesh, after

considering a similar issue, has held in Bandela Peda Satyam v.

Regional Joint commissioner, Midti Zone-I, Endowment

Department, Kakinada and Ors.,1 that a landless poor person

will not get the benefit of Section 82(2) unless he satisfies the

requirement of being the tenant of the Endowment land as on the

date of commencement of Act 30 of 1987 i.e., 28.05.1981.

11. In view of the above, the petitioner, who does not

satisfy such a requirement, cannot claim the status of a landless

poor person and consequently, he is not entitled to any of the

benefits under Section 82 of the Act.

    2018 (5) ALD 247
                                                   6                           RRR,J
                                                               W.P.No.11460 of 2021

12. Sri G.U.R.C. Prasad had also relied upon the judgment

of the Hon'ble Supreme Court in State of Andhra Pradesh and

Ors., v. Nallamilli Rami Reddi and Ors.,2. This judgment, does

not in any manner, assist the case of the petitioner. In the above

case, the Hon'ble Supreme Court was considering the question

whether protected tenants under the provisions of the A.P.

(Telangana Area) Tenancy and Agricultural Lands Act, 1950 could

also claim the benefit of Section 82 of the Endowments Act. No such

issue arises in the present case.

13. In view of the above, the petitioner cannot assail the

right of the temple in auctioning the leasehold rights of the land

belonging to the temple.

14. Accordingly, the writ petition is dismissed. There shall

be no order as to costs. As a sequel, pending miscellaneous

petitions, if any, shall stand closed.

_________________________ R. RAGHUNANDAN RAO, J.

27th July, 2021 Js.

    2001 (6) ALD 95 (SC) = 2001 (6) Supreme 481
                          7                           RRR,J
                                      W.P.No.11460 of 2021




      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




               W.P.No.11460 of 2021




                  27th July, 2021
Js.