Moduga Durga Rao, Devarapalli v. Sri Karya Siddeswara Swamyvari Devasthanam, West Godavari District and 2 others

This writ petition is filed seeking a declaration that the notification dated 06.05.2010 issued by the 1st respondent-temple proposing to hold auction for grant of leasehold rights in respect of the agricultural land admeasuring Acs.2.00 guntas situated in Sy.No.812 of Yadavole Village, Devarapalli Mandal for three years i.e. 2010-2011 to 2012-2013 is arbitrary and illegal. It is pleaded that the petitioner had been in possession and enjoyment of the land in question for the past nine years and he was also recognised as landless poor person. Thus, it is contended that he is entitled to the benefit under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) and therefore, the impugned notification proposing to conduct auction for grant of leasehold rights is arbitrary and illegal. In the counter affidavit filed on behalf of the 1st respondent, the fact that the petitioner was declared as a landless poor person vide proceedings of the Assistant Commissioner, West Godavari District dated 08.01.2005 and thereafter, he was continued as a lessee on payment of prevailing market lease amount of Rs.8,000/- for three years i.e.

2005 to 2008 has not been disputed. However, it is stated that for subsequent years, the 1st respondent proposed to enhance the lease amount to Rs.12,000/- and informed the same to the petitioner by letter dated 23.03.2009. Since the petitioner was not willing to pay the enhanced maktha and even asked 1st respondent to put the leasehold rights to public auction, the possession was taken on 27.05.2010 and auction was held on 27.05.2010 in which the highest bidder offered Rs.22,500/- per year. Heard both parties. The learned counsel for the petitioner while disputing the stand taken by the respondents in the counter affidavit submitted that the petitioner was willing to pay the enhanced rent as fixed by the 1st respondent. As noticed above, since the petitioner was admittedly declared as a landless poor person, he is entitled to the benefit of Section 82 of the Act. Hence, it would be appropriate to continue him as a lessee, provided the enhanced rents as provided under the Act and the Rules are paid.

As the learned counsel for the petitioner has stated across the bar that the petitioner is willing to pay the enhanced rents, the petitioner is hereby permitted to file his undertaking to that effect before the 1st respondent within a period of two weeks from today. If any such undertaking is filed by the petitioner within the time fixed above, the 1st respondent shall continue the lease in favour of the petitioner. Accordingly, the impugned auction notice to the extent of Ac.2.00 guntas of land in Sy.No.812 of Yadavole Village, is hereby set aside. Writ Petition is accordingly disposed of. No costs. _____________ G.ROHINI,J Date: 25.06.2010 Note: Issue C.C. in a week B/o KLP