Anumolu Nageswara Rao Vs the State of Ap

APHC010362942025

Si’H

IN THE HIGH COURT OF ANDHRA PRADES
AT AMARAVATI j
(Special Original Jurisdiction) I
[O
THURSDAY, THE SEVENTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
/

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THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 18166 OF 2025

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Between:

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Anumolu Nageswara Rao, S/o Ramaiah, Aged about 67 years, R/o 2- 547, Cherukuru Village, Ponnalur Mandal, Prakasam District

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Tanneru Chinna Lakshamma, W/o Tannery Chinna Subba Rao, Aged about 45 years, R/o 2-252, Cherukuru Village, Ponnalur Mandal, Prakasam District.

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Anumolu MalaKondaiah, S/o Ramaiah, Age about 58 years, R/o 8-127-1, East Kammapalem, Kandukur Mandal, SPSR Nellore District

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Mudlamuri Radha Krishna Murthy @ Radha Krishnaiah, S/o Krishnaiah @ Pitchaiah, Aged about 69 years, R/o Mundlamuri Vari palem Village, Cherukuru post, Ponnalur Mandal, Prakasam District.

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...Petitioners

AND

The State of Andhra Pradesh, Rep. by its PrI. Secretary, Endowment Department, AP Secretariat. Velagapudi, Amaravati, Guntur District.

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The District Endowment officer, Ongole, SPSR Nellore District.

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Sri Malleswara Swamy Temple, Rep by its Executive officer Peda Ida Padu Village, Pedacherlopalli Mandal, Prakasam District.

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...Respondents

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. Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed^{therewith,theHighCourt} may , be pissed to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in issuing the impugned auction notice cum publication dt. 08.07.2025 for the proposed auction dated 21.07.2025 ini notice mentioned properties at Cherukuru village, Ponnaluru mandal, Prakasam District cultivating by the petitioners without following the procedure under section 82 of the A.P Chantable and Hindu Religious Institutions & Endowments Act, 1987, is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India apart from being violation of the principles of Natural Justice, and consequently set a side the auction notice dt. 08.07.2025.

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jA NO: 1 OF

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Petition under Section 151 CPC i is filed praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to grant stay of dispossession of the petitioners from their respective lands which sought to be auction though notice cum publication dt.08.07.2025 at Cherukuru village, Ponnaluru mandal, Prakasam District pending final disposal of the main Writ Petition.

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Counsel for the Petitioners;

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SIVAPRASAD REDDY VENATI

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Counsel for the Respondent Nos. 1 & 2: GP FOR ENDOWMENTS Counsel for the Respondent No.3: SMT. ANNE DEVI SUBHASHINI (SC FOR ENDOWMENTS) The Court made the following order:

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[3458]

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APHC010362942025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 18166/2025

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Between:

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1.ANUMOLU NAGESWARA RAO, S/0 RAMAIAH, AGED ABOUT 67 YEARS, R/0 2-547, CHERUKURU VILLAGE, PONNALUR MANDAL, PRAKASAM DISTRICT

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2.TANNERU CHINNA LAKSHAMMA, W/0 TANNERY CHINNA SUBBA RAO, AGED ABOUT 45 YEARS, R/0 2-252, CHERUKURU VILLAGE, PONNALUR MANDAL, PRAKASAM DISTRICT.

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3.ANUMOLU MALAKONDAIAH, S/0 RAMAIAH, AGE ABOUT 58 YEARS, R/O 8-1-27-1, EAST KAMMAPALEM, KANDUKUR MANDAL, SPSR NELLORE DISTRICT

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4.MUDLAMURI RADHA KRISHNA MURTHY RADHA KRISHNAIAH,^S/O KRISHNAIAH @ PITCHAIAH, AGED ABOUT 69 YEARS R/O MUNDLAMURI VARI PALEM VILLAGE, CHERUKURU POST, PONNALUR MANDAL, PRAKASAM DISTRICT.

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...PETITIONER(S)

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AND

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1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY ENDOWMENT DEPARTMENT, AP SECRETARIAT. VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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2.THE DISTRICT ENDOWMENT OFFICER, ONGOLE, SPSR NELLORE DISTRICT.

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SRI MALLESWARA SWAMY TEMPLE, REP BY ITS EXECUTIVE OFFICER, PEDA IRLA PADU VILLAGE, PEDACHERLOPALLI

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2

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MANDAL, PRAKASAM DISTRICT.

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Counsel for the Petitioner(S);

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...RESPONDENT(S):

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1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S):

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1.GP FOR ENDOWMENTS The Court made the following:

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ORDER:

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Heard Sri Siva Prasad Reddy Venati, learned counsel for the petitioners, the learned Assistant Government Pleader for Endowments and Smt. Anne Devi Subhashini, learned Standing Counsel for the respondent No.3/Temple.

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It is contended that the petitioners are the cultivating tenants of the agricultural lands situated at Cherukuru Village, Ponnaluru Mandal Prakasam District belonging to the respondent No.3 - Temple. On an application made by the 1 petitioner on 10.08.2004 to declare him as landless poor person In terms of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the Assistant Commissioner, Endowments Department, Ongole vide proceedings, dated 04.11.2004 declared the 1 petitioner as small farmer. Since then, the petitioner has been i in occupation and cultivation of the subject land and also been paying the lease rentals towards maktha. The details of the lands are as under;

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3

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PETITIONER St 1	SURVEY No. Sy.Nos.1200, 1201/2	EXTENT (In Ac.,) Ac.4.82 cents
2nd	Sy.No.1200, 1201/2	Ac.4.50 cents
	Sy.No.1200	Ac.4.82 cents
4^	Patta No.211 Sy.No.462/3	Ac. 4.88 cents

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It is further contended that all these years, the respondents^have never disturbed the petitioners. For the first time, the respondents have issued notice for Public auction of the lease hold rights in respect of the subject lands for a period of three (03) years w.e.f. 2025-26 to 2027-28.

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Learned counsel for the petitioners argues that the^certificates which were granted in their favour in 2004 have neither been cancelled nor reviewed or annulled. The learned counsel relies on the decision of this Court in W.P.No.19149 of 2020, wherein this Court has observed that;

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Once such a person is declared as a landless poor person, he would be entitled to certain benefits. Firstly, he would be entitled to purchase the lands under lease whenever the Endowment or Charitable Institution chooses to sell the land. Secondly, he would be entitled to continue as lessee of the property by paying 2/3rd of the prevailing market rent to the Endowment or Charitable Institution.

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The Proviso to Rule 3 (3) as extracted above provides for a review of the status of the tenant as a landless poor person once in every three years. This provision does not require the landless poor persons to obtain a fresh certificate every 3 years setting out^hisstatus as^alandless

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poor person. The said proviso only permits the Endowments Authorities to review the status of the lessee and to ascertain whether the said lessee is entitled to be continued as a landless poor person or not. 11. In that of the matter, the contentions of Sri G.Ramana Rae that the burden of reneyring the landless poor certification is on the tenant cannot be accepted.

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In the present case, the petitioners have already been recognized as tandless poor persons by way of proceedings in 2004. There has been no subsequent proceedings setting aside the proceedings passed in 2004 on the ground that all-or-any of the petitioners have ceased to landless poor persons.

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In the circumstances, the petitioners would be entitled to continue as tenants of the 3rd respondent, subject to the condition of paying 2/3rd of the market value of the rent and subject to such other provisions of the Act and Rules."

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Learned counsel for the petitioner relying on the said decision prays for a direction to the respondents to allow the petitioners to continue as cultivating tenants.

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Smt. Anne Devi Subhashini, learned Standing Counsel appearing for the respondent No.3 - Temple would submit that the petitioners have been in occupation of the subject land since, 2004 and the lease offered by the petitioners all the while is meager, having regard to the nature of the lands and in the neighborhood to the similar nature of lands the lease rentals are high. She thus argues that the petitioners are not entitled for the lease and the Temple should be allowed to conduct fresh auction of the lease hold rights.

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Considered the rival submissions. It is stated that the proceedings of the Assistant Commissioner, Endowments Department, Ongole, passed in 2004 have never been reviewed by the Endowments Department. Having regard to the same, the recognition of the petitioners as small farmers shall continue until the same is reviewed. In the light of the decision of this Court in W.P.No.19149 of 2020 in the absence of any proceedings either annulling or reviewing the orders passed in 2004 recognizing the petitioner(s) as Land less poor person/small farmer, the respondents cannot conduct fresh auction of the lease hold rights in respect of the subject lands, while the proceedings of the Assistant Commissioner of Endowments Department, are in force.

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Taking into consideration the submissions made on behalf of petitioner and the Temple, the Writ Petition is allowed with the following observations:

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(a) The impugned notice of public auction is set aside subject to the condition that the petitioner remits a sum of Rs.6,500/- per anum per acre towards maktha in favour of the respondent No.3 - Temple.

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(b) Further, the respondents are at liberty to review the proceedings of the Assistant Commissioner, Endowments Department, recognizing the petitioners as small farmers in 2004 in terms of provisions of G.O.Ms.No.379 and Sub-Rule (3) of Rule 3 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 in accordance with law. There shall be no order as to costs.

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As a sequel, all pending miscellaneous applications shall stand closed.

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//TRUE COPY//

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Sd/- P VINOD KUMAR ASSISTANT REGISTRAR

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SEOTON QEFICER