MALLIKARJUNAPALLI OBULESH Vs. THE REVENUE DIVISIONAL OFFICER, DHARMAVARAM, ANANTAPUR DISTRICT AND OTHERS

JUDGEMENT

(1.) The Petitioner is the tenant in respect of the lands in question which belong to the 3rd respondent Sri Anjaneya Swamy Temple, Kalyandurg. He was inducted into the possession of the lands under a lease deed on 1st April, 1969. It was a lease period of one year. It is his case that he has located the engine. The lease was granted by the Trustee of the Temple However, the Commissioner, Hindu Religious and Charitable Endowments (hereinafter referred to as "the commissioner)" vetoed that lease. Therefore the 3rd respondent notified the land for re-auction. In order to protect his rights, the petitioner made an application to the Tahsildar in which he prayed for an injunction restraining respondent No. 3 from holding the re-auction and disturbing his possession. In these proceedings interim injunction was granted by the Tahsildar. However, the Tahsildar dismissed the application on merits.

(2.) During the pendency of those proceedings, respondent No. 3 made an application against the petitioner for evicting him on the allegation that he had been in default of payment of rent. While dismissing the application made by the petitioner on merits, the Tahsildar also made on order evicting the petitioner from the land in question. The petitioner appealed to the Revenue Divisional Officer, against that order. The appeal failed and was dismissed.

(3.) It is that order which is challenged by the petitioner in this writ petition. The first contention which has been raised by Mr. E. Subrahmanyam is that the Commissioner had no authority to veto the lease. Now the lease deed was executed in 1969 and by virtue of the agreement between the parties incorporated therein it was to remain in force from 1st April, 1969 to 31st March, 1970.