Kolli Rama Koteswara Rao, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3981 AP

      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

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

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

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.9603 of 2021

Date : 07 -10-2021

RJS