Yelubandi Nagaratnam v. The Government Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.11941 of 2010 ORDER:

This writ petition is filed challenging the impugned auction notification dated 14-05-2010, wherein, the respondents issued said auction notification for grant of leasehold rights in respect of the lands which are in possession of the petitioners in Sy.Nos.64/1, 42, 71, 61/2, 71 and 61/1 of Puttakonda Village, Pedapudi Mandal, East Godavari District inspite of declaration made by the 3rd respondent declaring the petitioners as landless poor persons.

Counter affidavit is filed by the 4th respondent stating that application filed by the petitioners 1 to 4 and 6 for declaration as landless poor persons was rejected by proceedings dated 27-012009 in M.A.Nos.1467/2007, 1468/2007, 1464/2007, 1466/2007 and 1463/2007.

The impugned notification is only for grant of leasehold rights only for a period of three years. By virtue of interim orders of this Court the auction was held and no one has come forward to participate as stated in the counter filed by the 4th respondent and by afflux of time, the said period is already elapsed and as such, that part of prayer becomes infrcutuous.

Learned counsel for the petitioners states that the petitioners were declared as landless poor persons vide proceedings in Rc.No.A3/8069, dated 25-12-2004 by the 3rd respondent, however, with further directions to the Manager of the Subject Temple to obtain proposal for enhancement of maktha instead of allowing the

petitioners to purchase the land and the petitioners have alternative remedy against the orders of the 4th respondent by rejecting their application for declaring them as landless poor persons. In view of the above, it is open for the petitioners to avail the alternative remedy to challenge the same by raising all the contentions thereunder and also to challenge any fresh notification issued in the meanwhile.

With the above direction, the writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 13-10-2015 Nvl

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

WRIT PETITON No.17618 of 2014 Date: 02.07.2014 Nvl