The petitioner, holding leasehold rights over temple land, sought an extension of one year due to the COVID-19 pandemic. The court dismissed the writ petition, holding the petitioner was not a landless poor person and the auction of leasehold rights did not infringe any legal right.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.11702 of 2021
ORDER:
Heard Sri Suresh Kumar Potturi, learned counsel for the petitioner and Sri K. Madhava Reddy, learned Standing Counsel for the 3rd respondent-temple.
The petitioner had obtained leasehold rights over an extent of Ac.1.66 cents in Rs.No.2/3 and Ac.4.03 cents in RS.No.29 of land situated in Elukapadu Village, Unguturu Mandal, Krishna District for the period from 2017-18 to 2019-20. The respondents had initiated auction of the leasehold rights of the temple, for the year 2020-21, by way of public auction dated 23.06.2020. Aggrieved by the proposed auction, the petitioner has approached this Court by way of writ petition No.9699 of 2020 on the ground that he was entitled for extension of one year of the lease, on account of COVID-19 pandemic and the resultant shut down of all activities. This Court had granted stay of dispossession of the petitioner on 04.06.2021 and on account of the said stay order the petitioner remained in possession of the said land. As the petitioner had obtained the benefit of the prayer, the said writ petition was dismissed as infructuous on 08.07.2021.
While W.P.No.9699 of 2020 was pending, the writ petitioner has approached this Court by way of the present writ petition on the ground that he would be entitled for extension of lease for a further period of one year in view of the second wave of COVID-19 pandemic and the possibility of a third wave.
RRR,J 2 W.P.No.11702 of 2021
Sri Suresh Kumar Potturi, learned counsel for the petitioner would submit that the petitioner would fall within the category of landless poor person and such persons need to be treated with a liberal interpretation of the law. He submits that no loss would be caused to the religious endowments or charitable institutions on account of the lands being leased to poorer sections of society.
The fact that the petitioner herein is in possession of Ac. 5.69 cents of land, clearly places him out side the category of landless poor person. The question whether any loss is caused to the endowment/charitable institutions by leasing out the land to the poor persons may not be relevant for the present case.
As there is no legal right that is infringed by the auction of the leasehold rights of these lands by the respondent-temple, I do not find any merit in the writ petition.
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.
8th July, 2021 Js.
RRR,J 3 W.P.No.11702 of 2021
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.11702 of 2021
8th July, 2021
Js.
2 issues framed by the court
Whether the petitioner is entitled to an extension of the leasehold rights of the temple land in view of the second wave of the COVID-19 pandemic.
Whether granting the relief would cause loss to the religious endowment or charitable institutions.
1 provisions across 1 enactments
Suresh Kumar Potturi
Temple
R. Raghunandan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
