ADABALA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Court ordered notice before admission and while permitting the Counsel for petitioners to serve notice on respondents, it was further ordered pending further orders, the proposed auction may go on but the same shall not be confirmed. Subsequent thereto, after a couple of adjournments, this Court issued rule nisi on 7-9-2007. The 4th respondent filed a W.V.M.P.No.2087/2007 praying for the vacation of the interim order dated 24-7- 2007 referred to supra. The 5th respondent also filed counter affidavit.

(2.) Though the matter appeared under the caption of Interlocutory, the learned Counsel representing the respective parties made a request for the disposal of the Writ Petition itself and thus with the consent of the Counsel on record, the Writ Petition itself was taken up for final disposal.

(3.) The petitioners filed the present Writ Petition praying for a Writ of Mandamus declaring the action of the respondents in no extending the lease in favour of the petitioners herein as they are cultivating tenants of the land in question in an extent of Ac.53 situated in Sy.Nos.51, 52, 73, 74, 75, 94, 95, 96, 101, 102 and 144 of Eluru village, Prathipadu Mandal, East Godavari District and issuing auction notice dt.5-7-2007 by the 4th respondent Temple for conduct of auction schedule to be held on 27-7-2007 as arbitrary, illegal, unjust, violative of principles of natural justice, contrary to the A.P.Charitable & Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rule 2003 and also violative of the fundamental rights guaranteed to the petitioners under Article 14 of the Constitution of India and for consequential reliefs and set aside the same by further directing the respondents to consider the lease in favour of the petitioners as cultivating tenants by enhancing the lease amount and to pass such other suitable orders.