High Court dismissed a writ petition challenging the rejection of the petitioner's claim as a landless poor person due to income exceeding statutory limits, upholding the auction of the leasehold land.
Petitioner directed to participate in auction or execute lease under new rules; case dismissed without costs.
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 AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY ,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
6
a - • . A A •
K ~ e
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 24317 OF 2017
Between:
Geddam Trimurthulu, S/o. Venkat Rao, Hindu, Male, Aged 56 years, R/o.Madhuru village. Kovvur Mandal, West Godavari District
...PETITIONER
AND
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 WRIT OF MANDAMUS declaring the action of the 3rd respondent in passing of orders in R.C.No.A4:833/2016 dt.03.07.2017 thereby rejecting the petitioner's application for renewal lease period and declining to grant status as landless poor person and proposed to conduct auction to land in extent of Ac.2.61 cents in R.S.No.136 of Madduru Village which is belonging to 4th respondent temple ie. Yoganadha Lakshmi Narasimha Swami Temple. Vijjeswaram. Nidadavole is illegal. irregular, arbitrary, violative of provisions of the Andhra Charitable and Hindu Religious Institutions and Endowments Act, 1987 and Rules framed there under and also offends Articles 14. 21 and 300 A of constitution of India and consequently set aside the orders in R.C.No.A4/833/2016 dt.03.07.2017
I.A. NO: 2 OF 2017(WPMP. NO: 30104 OF 2017)
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 grant stay of all further proceedings including the auction and dispossession of the petitioner over the land in extent of Ac.2.61 cents in R.S.No. 136 pursuant to the proceedings in R.C.No.A4/833/2016 dt.03.07.2017 issued by the 3rd respondent pending disposal of the main writ petition.
| I.A.NO: Be |
1OF2017(WVMP.NO:3673OF2017) tween: |
|---|---|
| Sr R Ni |
iYoganandhaLakshmiNarasimh.a.SwamyTemple, ep:byitsExecutiveOfficer,VijjeswaramVillage, dadavoleMandal,WestGodavariDistrict ..Petitioner/R4 |
| AND | |
| 1. | GeddamTrimurthulu, S/o.VenkatRao, Aged56years,R/o.MadhuruVillage, KovvurMandal,WestGodavariDistrict. ..Respond.ent/WritPetitioner |
| 2. | StateofAndhraPradesh, Rep:byitsPrincipalSecretary ToEndowments Department, Secretariat,Velagapudi,Amaravathi, GunturDistrict. |
| 3. | TheDeputyCommissioner, EndowmentsDepartment, Eluru,WestGodavariDistrict. |
| TheAssistantCommissioner, EndowmentsDepartment, Eluru,WestGodavariDistrict. .Respondents/ Respondents |
|
| Petition affidavi vacate |
underSection151CPCprayingthatinthecircumstancesstatedinthe tfiledinsupportofthepetition,theHighCourtmaybepleasedto theinterimorderdated:24.07.2017inWPNo.24317/2017. |
| IANO: I3I.t'|1OF2022 V.1EN: |
|
| 1. | l'hcAssistantCommissioner, Dlil |
| L:ndo.vmcntsepartment,uru, West(3odavariDistrict. .Petitioner/3Despondent |
|
| AN1) | |
| 1. | GeddamTnmurthulu,S/OVenkat.Rao, Aged56years,R/o.Madhuruvillage, KovvurMandal,WestGoclavaril.)istrict. Respondent:/Petitioner |
| 2 -"i |
Sti:tteofAnclhnPradesh, Rep.byitsPrincipalSecretary, '1'oEndowmentsDepartment, Secretariat,Velagapudi,Amaravatlii,GunturDistrict. |
| The.DeputyCommissioner, EndowmentsDepartmentKakinada. |
|
| 4. | SriYoganadhaLakshmiNarasimha.SwamyTemple, Rep.byitsExecutiveOfficer,Vijjeswa.ramVillage, NidadavoleMandaI\VestGodavari1)istrict. ...Respondents/Respondents ((.Respondents2to4arc;notnecessarypartiesinthispetition} |
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 vacate the interim Order granted by this Hon'ble Court in WPMP.NO. 30104/2017 in WP.NO.24317/2017 dated 24-07-2017 and dismiss the main Writ Petition as devoid of merits.
Counsel for the Petitioner: SRI. MANGENA SREE RAMA RAO Counsel for the Respondents: GP FOR ENDOWMENTS Counsel for the Respondents: SRI K. LALITHA 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.24317 OF 2017
Between
Geddam Trimurthulu, S/o. Venkat Rao, Hindu, Male, Aged 56 years, R/o. Madhuru village, Kovvur Mandal, West Godavari District.
Petitioner
Versus
The State of Andhra Pradesh, represented by its Principal Secretary to Endowments Department, Secretariat, Velagapudi, Guntur District and three others.
Respondents
Counsel for the petitioner Sri Mangena Sree Rama Rao Counsel for respondent Nos.1 to 3 Assistant Government Pleader for Endowments Counsel for respondent No.4 Standing Counsel
ORDER
The present writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"... to issue a writ order or direction more particularlyone in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in passing of orders in R.C.No.A4/833/2016 dt.03.07.2017 thereby rejecting the
Page 2 of 7
SRS, J W.P.No.24317 of 2017
petitioner's application for renewal lease period and declining to grant status as landless poor person and proposed to conduct auction to land in extent of Ac.2.61 cents in R.S.No.136 of Madduru Village which is belonging to 4th respondent temple i.e., Yoganadha Lakshmi Narasimha Swami Temple, Vijjeswaram, Nidadavole is illegal, irregular, arbitrary, violative of provisions of the Andhra Charitable and Hindu Religious Institutions and Endowments Act, 1987 and Rules framed there under and also offends Articles 14, 21 and 300 A of constitution of India and consequently set aside the orders in R. C. No.A4 / 833 / 2016 dt. 03.07.2017 and pass such other order or orders ...."
Page 3 of 7
SRS, J W.P.No.24317 of 2017
Lands Rules, 2003 (for short `the Act') vide G.O.Ms.No.379 dated 11.03.2003, petitioner was declared as landless poor person by proceedings dated 03.03.2007 in Rc.No.A4/3721/2005.
Page 4 of 7
SRS, J W.P.No.24317 of 2017
Vijjeswaram, Nidadavole, West Godavari District. In exercise of powers conferred by Section 82 of Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (A.P. Act No.30 of 1987) the Governor of Andhra Pradesh made Rules vide G.O.Ms.No.379 dated 11.03.2003, namely the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 (for short `the Rules'). As per the said rules, leases to be granted by way of public auction and the lease period shall not exceed three years. Rule 3 of the Rules is extracted herewith:
"(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 of 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."
Page 5 of 7
SRS, J W.P.No.24317 of 2017
economic status of persons is not constant. It is also applicable to the case where persons are declared as landless poor tenants.
Page 6 of 7
SRS, J W.P.No.24317 of 2017
by the authority, petitioner's annual income exceeds Rs. 12,000/- and in fact, it is Rs. 18,000/-.
As a sequel, pending miscellaneous petitions, if any, shall
stand dismissed.
SDI- M. PRABHAKAR RAO
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To, 1. One CC to SRI. MANGENASREE RAMA RAO Advocate [OPUC] 2. Two CCs to GP FORENDOWMENTS, High Court of Andhra Pradesh. [OUT] 3. One CC to SMT. K.LALITHA, Advocate [OPUC] 4. Two CD Copies Sdkr
HIGH COURT
DATED:04/08/2023
ORDER
WP.No.24317 of 2017
([ 16 OCT 2023
y of<`
DISMISSING THE WP WITHOUT COSTS
2 issues framed by the court
Whether the High Court should grant relief in the writ petition regarding the rejection of the petitioner's application to be declared a landless poor person.
Whether the rejection of the petitioner's claim to landless status and the proposed auction of the temple land are illegal and violative of the Constitution.
4 provisions across 4 enactments
Geddam Trimurthulu
State of Andhra Pradesh
The Deputy Commissioner, Endowments Department, Kakinada
The Assistant Commissioner, Endowments Department, Eluru
Sri Yoganadha Lakshmi Narasimha Swamy Temple
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
