Disposed

Geddada Veera Venkata Satyanarayana, v. The State of Andhra Pradesh

Andhra Pradesh HC2 Jul 2021WP/12748/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition by directing the temple's executive officer to forward tenant representation and permit long-term lessees to participate in an auction without a solvency certificate.

What did the court decide?

Directing the executive officer to permit petitioners to participate in the auction without a solvency certificate and forward their representation to the Assistant Commissioner for favorable disposal

Geddada Veera Venkata Satyanarayana, Vs The State… — Landlord and Tenant | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.12748 of 2021

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ORDER:

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The petitioners state that they are the tenants of the 3^rd respondent-temple to an extent of Ac.1.20 cents in R.S.No.17 for the 1^st petitioner, Ac.1.20 cents in R.S.No.17 for the 2^nd petitioner, Ac.1.69 cents in R.S.No.17 and Ac.0-51 cents in R.S.No.17 for the 4^th respondent in Geddada Village, Mamidikuduru Mandal, East Godavari District. They submit that they have been in possession and cultivating the said lands for the past 40 years and have been paying the rental amounts without any default to the 3^rd respondent-temple.

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The petitioners have now approached this Court by way of the present writ petition challenging the public notice given by the Executive Officer of the 3^rd respondent-temple on 18.06.2020 calling for bids for auctioning the lease hold rights of the above lands for a period of three (3) years. They contend that they are landless poor persons who should be given the benefits available to such persons under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 (for short, ‘the 2003 Rules’).

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Sri Ponnada Sree Vyas, learned counsel for the petitioners would submit that a representation to that extent has also been given to the Executive Officer of the 3^rd respondent-temple by the petitioners on 25.06.2021. He

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RRR,J W.P.No.12748 of 2021

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submits that a proper appreciation and disposal of the said representation would protect the interest of the petitioners. He further submits that despite the petitioners being lessees of the said lands for the past 40 years, the condition of producing solvency certificate of Rs.1,00,000/- would effectively bar the petitioners from participating in the said auction.

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In view of the aforesaid submissions and after hearing Sri K.Madhava Reddy, learned Standing Counsel for the 3^rd respondent-temple, the present writ petition is disposed of with the following directions:

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1. The Executive officer of the 3^rd respondent-temple shall forward the representation of the petitioners to the Assistant Commissioner of Endowments, who shall consider the representation and in the event of any favourable disposal of the said representation, the petitioners shall be continued as lessees of the 3^rd respondent-temple on such terms as may be fixed according to ‘the 2003 Rules’.

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1. The petitioners shall be permitted to participate in the auction i.e., proposed to be held today without having to produce solvency certificate of Rs.1,00,000/-.

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