Bandi Satyanarayana v. The Deputy Commissioner of Endowments, Endowments Department, Kakinada, East

Learned counsel for the petitioner submits that without taking recourse to Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) evicting the petitioner by conducting auction of the leasehold rights and to cultivate the lands of the third respondent temple is illegal and arbitrary. The learned counsel further submits that the subject matter of this writ petition is similar to the one disposed of by this Court in W.P.No.26408 of 2005 dated 09.12.2005. Admittedly the petitioner was a previous lessee in respect of the lands of the third respondent temple authorizing him to cultivate the same on payment of maktha. All the leases granted under Section 82 of the Act stands cancelled and therefore, the said lessees cannot be treated as encroachers under Section 83 of the Act. Following the aforesaid judgment of this Court, this writ petition is dismissed. However, the petitioner states that there exists a standing crop raised by him and it is yet to be harvested within a short period, and if that be so, the petitioner is at liberty to make an application before the third respondent permitting him to harvest the standing crop and on such an application being filed the third respondent may consider and pass appropriate orders in accordance with law. ______________ V. ESWARAIAH, J December 15, 2005 Note: Furnish C.C. of the order by 16.12.2005 (B/O) DSK