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High Court for State of TelanganaWP/14285/2010disposed of no costs

Kasani Satyanarayana, v. The Deputy Commissioner,

2015-09-23A.Rajasheker Reddy4 pages

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No. 14285 of 2010 ORDER :

This writ petition is filed seeking writ of mandamus declaring the action of the respondents in seeking to conduct auction to the leasehold rights in respect of the land admeasuring Ac.3.48 cents in Sy.No.1117 of Pedda Tadepalli Village, Tadepalligudem Mandal, West Godavari District, pursuant to the auction notification dated 10.06.2010 issued by the 3rd respondent as illegal and contrary to law and consequently to direct the respondents to continue the petitioner as tenant in respect of the said land.

This Court while admitting the writ petition on 22.06.2010 passed interim order as follows:

"W.P.M.P.No.17968 of 2010 Notice.

Post on 30.06.2010.

The auction proposed under the impugned notice may go on and it is also open to the petitioner to participate in the same. However, status quo obtaining as to the nature and possession of the land in question shall be maintained until further orders." Counter affidavit is filed by the 2nd respondent stating that in pursuant to the interim orders passed by this Court in W.P.M.P.No.17968 of 2010 on 22.06.2010, the petitioner had also participated in the auction conducted by the temple in pursuant to impugned notification and he has been declared as highest bidder in respect of the land for which auction notification was issued for granting of leasehold rights.

Heard learned counsel for the petitioner and Smt. K.Lalitha, learned Standing Counsel for the respondent-Temple. By virtue of the interim order in W.P.M.P.No.17968 of 2010 on 22.06.2010, due to efflux of time, the cause in the writ petition does not

survive for consideration as the period of auction in the impugned tender notification has expired.

Learned counsel for the petitioner submits that the application filed by the petitioner for declaring him as landless poor person under Section 82 (2) of the A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 read with Rule 3 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments lease of Agricultural Lands Rules, 2003 is pending before the authorities. If that is so, the respondent authorities shall consider the same and pass appropriate orders in accordance with law.

With the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any pending in this Writ Petition, shall stand dismissed. _________________________ A.RAJASHEKER REDDY, J 23.09.2015.

KVS HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

W.P. No.14285 OF 2010 Date: 23-09-2015 KVS