Petitioner challenged an auction notice for temple land after her appeal challenging landless poor status was pending. Court held pendency of appeal does not bar auction and dismissed petition as petitioner was not landless poor.
Writ petition dismissed; respondents directed to proceed with further proceedings for the auction conducted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY, THE ELEVENTH DAY OF-SEPTEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 18986 OF 2023
Between:
Smt. Medisetti Krishnaveni, W/o.Veera Venkata Rama Rao, Aged about 60 years, Housewife, R/o.Gudigallabaga Village, K.Gangavaram Manal (Pamarru) Konaseema District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Mandamus, declaring the action of the 3rd and 4th respondents in issuing Public Auction Notice, dt.20.07.2023 for auctioning of leasehold rights for the wet land admeasuring Ac.2.07 cts in R.Sy.No.39 of Gudigallabaga Village of K.Gangavaram Mandal, Konaseema District which belong to 4th respondent institution, on 31.07.2023 for a Lease Period of 2023-2024 to 2025-2026 pursuant to the orders of the 3rd Respondent (Asst. Commissioner) pending disposal of Statutory Appeal before the 2nd Respondent, as illegal, arbitrary, unjustified and violative of principles of natural justice.
IA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings pursuant to Auction Notice, dt.20.07.2023 for leasehold rights of the wet land admeasuring Ac.2.07 cts in R.Sy.No.39 of Gudigallabaga
Village of K. Gangavaram Mandal, Konaseema District, pending disposal of writ petition.
Counsel for the Petitioner(s): SRI. P U BHASKARA RAO
Counsel for the Respondents 1 to 3: GP FOR ENDOWMENTS
Counsel for the Respondent No.4 : SRI KANDA SRINIVASU, SC FOR ENDOWMENTS
The Court made the following : ORDER
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.18986 OF 2023
Between:
Smt.Medisetti Krishnaveni W/o Veera Venkata Rama Rao, Aged about 60 years, Housewife, R/ o Gudigallabaga Village, K.Gangavaram Mandal (Pamarru), Konaseema District.
Petitioner
Versus
Respondents
Counsel for the petitioner : Sri P.U.Bhaskara Rao Counsel for respondent Nos.1 to 3 : GP for Endowments Counsel for respondent No.4 Sri K.Srinivasu, Standing K.Srinivasu, Standing Standing
Sri K.Srinivasu, Standing K.Srinivasu, Standing Standing Counsel
ORDER
The present writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...issue a writ in the nature of a writ of mandamus of any other appropriate writ, order or direction more particularly one in the nature of Mandamus, declaring the action of3rd
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and 4th respondents in issuing Public Auction Notice, dated 20.07.2023 for auctioning of leasehold rights for the wet land admeasuring Ac.2.07 cents in R.Sy.No.39 of Gudigallabaga Village, K.Gangavaram Mandal, Konaseema District which belong to 4th respondent institution, on 31.07.2023 for a lease period 2023-2024 to 2025-2026 pursuant to the orders of the3rd respondent (Assistant Commissioner) pending disposal of Statutory Appeal before the 2nd respondent as illegal, arbitrary, unjustified and violative of principles of natural justice and pass such other order or orders..."
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Kakinada and the same was allowed on 30.06.2007 and the petitioner was declared as landless poor.
(a) Respondent Nos.3 and 4 put the subject land to auction in the year 2019. Petitioner filed W.P.No.7931 of 2019. The said writ petition was disposed on 13.09.2022, giving liberty to the petitioner to approach the Assistant Commissioner, Rajamahendravaram, to get declaration regarding landless poor. Accordingly, petitioner filed application before the Assistant Commissioner, Rajamahendravaram, to declare the petitioner as landless poor. The said application was rejected by the Assistant Commissioner, Rajamahendravaram (District Endowments Officer), Amalapuram vide proceedings in Rc.No.A1/ 10502/2023, dated 08.07.2023. Aggrieved by the same, petitioner filed appeal before the Regional Joint Commissioner, Rajamahendravaram and the same is pending. Pending the appeal, notice dated 20.07.2023, was issued proposing to conduct auction on 31.07.2023. Aggrieved by the same, petitioner filed the above writ petition.
(b) This Court by order dated 28.07.2023, directed the authorities to proceed with the auction and, also further
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directed not to finalize the auction. Accordingly, the auction was conducted on 31.07.2023. In the said auction, one Veera Venkata Satyanarayana, became the highest bidder for an amount of Rs.94,500/- in respect of land of an extent of Ac.2.07 cents per annum, for a period of three years.
(c) In support of contentions of petitioner, petitioner filed two receipts i.e. dated 14.01.2019 for an amount of Rs.40,200/- and dated 20.06.2019 for an amount of Rs.12,100/- paid towards Maktha for the years 2018-2019, in respect of land referred to supra.
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by the petitioner before the Regional Joint Commissioner, Rajamahendravaram and the same is pending.
(a) The Executive Officer of respondent No.4 issued public auction notice dated 20.07.2023, for a period of three years i.e. from 2023-2024 to 2025-2026. Challenging the same, the above writ petition is filed. This Court by order dated 28.07.2023, permitted to conduct public auction with certain conditions. Accordingly, public auction was conducted by declaring one Veera Venkata Satyanarayana was emerged as highest bidder for an amount of Rs. 94,500/- in respect of land. of an extent of Ac.2.07 cents per annum, for a period of three years. Eventually, prayed the Court to dismiss the writ petition.
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would submit that petitioner was declared as landless poor as per orders of the Regional Joint Commissioner, Multi Zone-I, Kakinada, in Appeal No.69 of 2007 dated 30.06.2007, and hence the petitioner is entitled to cultivate the land as a tenant. When the auction notice was issued to conduct auction in the month of June, 2019, petitioner filed W.P.No.7931 of 2019. Pursuant to the direction of this Court in W.P.No.7931 of 2019, petitioner made application before the District Endowments Officer, Endowments Department, Dr. B.R.Ambedkar, Konaseema District, Amalapuram, to declare her landless poor. However, the same was dismissed by the authority. Against the same, a statutory appeal was filed by the petitioner and the same is pending. Pending the said appeal, respondent No.4 issued public auction notice dated 20.07.2023 and the same is liable to be set aside.
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declare the petitioner as landless poor, the authorities are proceeding with the auction. In fact, petitioner is not in possession of the subject property. Learned Standing Counsel also would submit that public auction was conducted, wherein, one Veera Venkata Satyanarayana was emerged as the highest bidder for an amount of Rs.94,500/- in respect of land of an extent of Ac.2.07 cents per annum, for a period of three years and thus prayed to dismiss the writ petition.
"Whether the auction notice, impugned in the writ petition, is liable to be set aside on the ground of pendency of appeal?"
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11.03.2003. Proviso to Rule 3 was added by G.O.Ms.No.425, dated 09.11.2015. As per proviso to Rule 3, status of landless 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 constant. Even a person who declared as landless poor, the status will be renewed once in every three years. When the auction notice was issued in the month of June, 2019, petitioner filed W.P.No.7931 of 2019 and the same was disposed on 13.09.2022. The operative portion in the said writ petition reads as under:
"Petitioner is directed to make an application to the 2nd respondent with necessary enclosures seeking declaration of his status as landless poor person under the Act 30/87 within a period of two (02) weeks from the date of receipt of this order. On receipt of such application by the 2nd respondent he/she has to conduct a necessary enquiry as contemplated under law and decision has to be taken finally with regard to the status of the petitioner as expeditiously as possible preferably within eight (08) weeks thereafter. Subject to the outcome of the said enquiry and the decision made thereon by the 2nd respondent, the auction of the subject land shall be finalized."
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Department, Dr . B.R.Ambedkar Konaseema District,
Amalapuram. The said application was dismissed by the said authority vide proceedings in Rc.No.A1/ 10502/2023, dated 08.07.2023. While dismissing the application, the authority came to conclusion that the annual income of the petitioner is above the statutory limit of Rs. 12,000/-. Authority also pointed out other grounds in the order. Against the said order, petitioner filed statutory appeal was and the same is pending.
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Ac.1.57 cents. As per explanation to Section 82(2) of the Act 30 of 1987 as amendment Act, 27 of 2002 dated 22.12.2002, landless poor that a person whose total extent of land held by him either as owner or as cultivating tenant or as both does not exceed Ac.2.50 cents acres of wet land or Ac.5.00 cents of dry land and whose annual income does not exceed Rs. 1,000/- per mensum or Rs. 12,000/- per annum. The District Endowments Officer gave a categorical finding that the petitioner annual income is above Rs. 12,000/- and hence petitioner cannot claim status of landless poor.
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makta after 2019. When a specific plea was raised in the counter affidavit that petitioner neither is cultivating the land nor in possession, nothing was filed to rebut the same. Thus, the contention that petitioner qua possession over the lands falls to ground.
As a sequel, pending miscellaneous petitions, if any, shall
stand dismissed.
Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR CCU //TRUE COPY// SECTION OFFICER
To, 1. One CC to SRI. P UBHASKARA RAO Advocate [OPUC] 2. Two CCs to GPFOR ENDOWMENTS, High Court of Andhra Pradesh. [OUT] 3. One CC to SRIKANDA SRINIVASU, SC FOR ENDOWMENTS [OPUC]
Madhu
a,
HIGH COURT
DATED:1 1/09/2023
ORDER
WP.No.18986 of 2023
DISPOSING THE WP WITHOUT COSTS
3 issues framed by the court
Whether pendency of an appeal prevents the authorities from proceeding with an auction of leasehold rights.
Whether the petitioner qualifies as a landless poor tenant entitled to protection under the Endowments Act.
Whether the petitioner is a statutory tenant entitled to cultivation rights on the subject land.
3 provisions across 3 enactments
Smt. Medisetti Krishnaveni
State of Andhra Pradesh Rep. by Principal Secretary, Endowments Department
Regional Joint Commissioner, Endowments Department
Assistant Commissioner, Endowments Department
Sri Markandeya Swamy Temple Gudigallabaga
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
