Sivakoti Ratna Kumari Vs the State of Ap

SIVAKOTI RATNA K UMARI, , W/O PRAKASARAO, AG E D ABOUT 64YEARES, OCC CULTIVATION, D.NO 7-175, SC COLNEY, THONDANGI VILL A GE AND MANDAL, KAKINADA D ISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

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S. VIJAY,, S/O PR A KASARAO, AGED ABOUT 54YEA R ES, OCC CULTIVATION, D. N O 7-177, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHI L E EAST GODAVARI DISTRI C T).

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N. SURYANARAY A NA,, S/O SATHIRAJU, AGED ABOUT 54 YEARES, OCC. C ULTIVATION, D.NO 6-146, SC COLNEY, THONDANGI VILL A GE AND MANDAL, KAKINADA D ISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

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N. CHINA MUSAL A IAH,, S/O THALUPULAIAH, AGE D ABOUT 64YEARES, OCC. CULTIVATION, D.NO 7-27, SC COLNEY, THONDANGI VILL A GE AND MANDAL, KAKINADA D ISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

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L. PRAKASH, S/O C HAKARAVARTHI, AGED ABOUT 4 9 YEARES, OCC. CULTIVATIO N , D.NO 7-134, SC COLNEY, THONDANGI VILLAGE AND M A NDAL, KAKINADA DISTRICT. (E R STWHILE EAST GODAVARI DISTRICT).

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T.RAJA BABU, S/O CHINA GADDIYYA, AGED ABOUT 5 4 YEARES, OCC. CULTIVATION, D.NO 6-92, SC COLNEY, THONDANGI VILLAGE AND M A NDAL, KAKINADA DISTRICT. (E R STWHILE EAST GODAVARI DISTRICT).

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N.VEERA PRASA D ARAO, S/O CHINNA NOOKARAJU, AGED ABOUT 44YEARE S , OCC. CULTIVATION, D.NO 7 -196, SC

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KM,J W.P.Nos.21411 & 19266 of 2025

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COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

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P. SURYANARAYANA, , S/O CHINNARAO AGED ABOUT 54YEARES, OCC. CULTIVATION, D.NO 7-34, SC COLNEVI THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

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. CH. JEEVARATNAM,, S/O MAHALAKAHMI, AGED ABOUT 54YEARES, OCC. CULTIVATION, D.NO 7-195, SC COLNEY THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

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G. SATHYANARAYANA, , S/O JOGIRAJULU, AGED ABOUT 46 YEARES, OCC. CULTIVATION, D.NO 7-70, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

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K. PAPARAO,, S/O MULASWAMI AGED ABOUT 41 YEARES, OCC. CULTIVATION, D.NO 7-55, SC COLNEY, THONDANGI VILLAGE AND MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

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...PETITIONER(S)

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AND

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THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY TO ENDOWMENT (REVENUE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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THE COMMISSIONER FOR ENDOWMENT DEPARTMENT, GOVERNMENT OF ANDHRAPRADESH, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT.

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THE DEPUTY COMMISSIONER, ENDOWMENT DEPARTMENT, KAKINADA, KAKINADA DISTRICT.

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THE DISTRICT ENDOWMENT OFFICER, ENDOWMENT DEPARTMENT, KAKINADA, KAKINADA DISTRICT.

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SRI SAMSTANAM CHOULTRY, REPRESENTED BY ITS EXECUTIVE OFFICER, PITAPURAM TOWN AND MANDAL, KAKINADA DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner(S):

1.TATA SINGAIAH GOUD

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Counsel for the Respondent(S):

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1.KAPPERA KOTESWARA RAO SC for Endowments, AP Region.

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2.GP FOR ENDOWMENTS

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WRIT PETITION NO: 19266 OF 2025

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Between:

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NAGAM VEERA VENKATA SATYANARAYANA, S/O.DARAKONDA @ DARABABU, AGE44 YEARS, OCC CULTIVATION,R/O.D.NO.2-11, NANDI CENTER, THONDANGI VILLAGE AND MANDAL - 533408, KAKINADA DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P.

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THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT.

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THE DEPUTY COMMISSIONER, ENDOWMENT DEPARTMENT, KAKINADA, KAKINADA DISTRICT

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THE DISTRICT ENDOWMENT OFFICER, KAKINADA, KAKINADA DISTRICT

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SRI SAMSTANAM CHOULTRY, PITAPURAM TOWN, KAKINADA DISTRICT REP. BY ITS EXECUTIVE OFFICER

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.D V SASIDHAR

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Counsel for the Respondent(S):

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1.KAPPERA KOTESWARA RAO SC for Endowments, AP Region.

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2.GP FOR ENDOWMENTS

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KM,J W.P.Nos.21411 & 19266 of 2025

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 21411 & 19266 OF 2025

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The Court made the following common order:

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Heard Sri Tata Singaiah Goud, Sri D.V. Sasidhar, learned counsels for the petitioner(s), learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 4 and Sri Kappera Koteswara Rao, learned Standing Counsel for Endowments appearing for respondent No.5.

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The grievance of the petitioner(s) is that they were not allowed to participate in the auction conducted by the 5^th respondent-temple for leasehold rights in respect of the subject property involved in the writ petition.

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It is contended by the petitioner(s) that they have been the cultivating tenants of the subject property for the past three years. This year too, the petitioner(s) intended to participate in the auction of the leasehold rights that would be conducted by the respondents. However, the auction notification was not issued in time. In the said regard, the petitioner in W.P.No.19266 of 2025 has also made a representation for conducing of the auction at the earliest. However, the respondents did not issue any auction notice well in advance; the existing lease period of the petitioner expires. Despite the same, the petitioner(s) approached the office of the 5^th respondent-temple to participate in the auction that was issued belatedly. But, the staff of the 5^th respondent-temple did not allow them to participate and closed the doors. Hence, the instant writ petition.

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Learned counsel for the petitioner(s) argues that the respondents have not followed the procedure contemplated under the provisions of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003. [G.O.Ms.No.379, Revenue (Endo.I) dated 11.03.2003, which requires for issuance of notice at least three months prior to the expiry of the lease period. In the present case, the lease expired at the end of April 2025. However, the auction notification was issued on 09.07.2025, proposing to conduct the auction from 14.07.2025 to 19.07.2025. Therefore, it is submitted that the auction proceedings are unsustainable and liable to be set aside.

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Sri Kappera Koteswara Rao, learned Standing Counsel for Endowments appearing for respondent No.5, would argue that the petitioner(s), particularly petitioner Nos.2, 6, 7, and 11 in W.P.No.21411 of 2025 are not justified in contending that the respondents have not allowed them to participate in the auction inasmuch as the petitioner(s) mentioned above are defaulters in the remittance of lease rentals for previous auctions where the bids were knocked down in their favor. If they were bonafide auction participants, they would have demonstrated their eligibility, as one of the auction conditions stipulates that participants should not be defaulters in remittance of lease rentals. Further, it is submitted that the 5^th petitioner has participated in the auction however did not deposit the Earnest Money Deposit (EMD). Thus, prays for the dismissal of the writ petition.

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Considered the submissions.

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Having regard to the same, the respondents were supposed to conduct the auction at least three months prior to the expiry of the lease. However, the auction has been proposed to be conducted from 14.07.2025 to 19.07.2025, vide the paper notice dated 09.07.2025. The purpose of such a stipulation is to facilitate the existing tenant to harvest the existing crop, if any, before the new tenant comes for taking possession and to deliver vacant and peaceful possession to such tenant.

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In view of the foregoing, the auction notification dated 09.07.2025, insofar as it relates to the subject property(s), is set aside. The Writ Petitions are accordingly allowed. The respondents are at liberty to issue a fresh auction notification in accordance with the provisions of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003. Till conclusion of the auction proceedings proposed by the respondents, none of the petitioners shall cultivate the subject lands. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall stand closed.

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______________________________ JUSTICE KIRANMAYEE MANDAVA

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Date: 09.09.2025 BSK

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