In a writ appeal challenging the dismissal of a petition against a land re-auction, the High Court of Andhra Pradesh held that the lessee could not retain the leased property while challenging its determination due to unpaid rent. The bench found no violation of natural justice and dismissed the appeal.
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
HON’BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT APPEAL No.984 of 2023
Girijala Simhachalam, S/o. Ramulu, aged 58 years, H.No.13-143, Indira colony, Bhimadole, West Godavari District.
... Appellant
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department, Secretariat Buildings, Velagapudi, Guntur District and eight others.
…Respondents
Mr. K. K. Durga Prasad, Counsel, representing Mr. Babuji Tenneti, Counsel for the appellant.
Government Pleader for Endowments, Counsel for respondent Nos.1, 2 to 5 and 7.
Government Pleader for Revenue, Counsel for respondent Nos.3 and 8.
Ms. Pulipati Radhika, Standing Counsel for respondent No.6.
None for respondent No.9.
HCJ & RRR, J 2 W.A.No.984 of 2023
DATE : 08.01.2024
PER DHIRAJ SINGH THAKUR, CJ:
The present writ appeal under clause 15 of the Letters Patent has been preferred against the judgment and order dated 20.07.2023 passed in W.P.No.16538 of 2023 whereby the writ petition filed by the petitioner/appellant herein was dismissed.
W.A.No.984 of 2023
3
Rs.1,45,000/- (Rupees One Lakh Forty Five Thousand Only) as arrears, failing which the appellant, it is stated, was threatened that the lease would be cancelled and auction would be conducted in terms of the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. A reply also is stated to have been submitted on 23.06.2023. It is stated that without considering the reply the tender-cum-auction notice was issued on 26.06.2023 and the date of auction was reflected as 29.06.2023.
HCJ & RRR, J 4 W.A.No.984 of 2023
which the lease in terms of the Clause 14 of the auction conditions, would be determined and be subject to further auction. Apart from this, even condition No.21 of the auction notice specifically states that the bidder would not be entitled to raise a dispute with regard to the discrepancies in regard to the measurement/extent of land.
HCJ & RRR, J 5 W.A.No.984 of 2023
have been given to the appellant in the auction conducted in the year 2021, it would have been open to the appellant to surrender his rights over the same. However, the appellant cannot have the cake and eat it too, by holding on to the leased premises yet claiming that the lease ought not to be determined on the ground that it measured less or the same was uncultivable or was low lying.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
SSN
HCJ & RRR, J 6 W.A.No.984 of 2023
HON’BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT APPEAL No.984 of 2023
DATE : 08.01.2024
SSN
3 issues framed by the court
Whether the principles of natural justice were violated when the lessee failed to pay the crop rent and the state proceeded with the re-auction.
Whether a lessee can continue holding the leased premises while simultaneously challenging the determination of the lease on grounds of measurement discrepancies or land quality.
Whether the termination of the lease in accordance with the auction conditions was lawful.
Girijala Simhachalam
The State of Andhra Pradesh
Dhiraj Singh Thakur
R. Raghunandan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
