G.V.Padmanabha Reddy, v. Sri Chennakesava Swamy Devastanam,Rep.By The

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.24901 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue a writ of mandamus declaring the action of the first respondent in issuing the impugned auction notice dated 16.7.2016 for conducting public auction on 30.7.2016 at about 11.00 AM in the temple premises to lease out the land in survey No.192/B2 to an extent of Ac.1.02 cents in survey No.194 to an extent of Ac.9.87 cents of dry land near Kundu River, Madur Village, Chapadu Mandal, Kadapa District, belongs to the first respondent temple though there is standing crop of groundnut, turmeric and paddy seed in the land as illegal, arbitrary and further declare that the petitioner is entitled to get the lease extended by paying the enhanced lease as prescribed by the Government time and again.

2. The learned counsel for the petitioner submitted that the land in question belongs to the first respondent temple, that the petitioner raised groundnut, turmeric and paddy seeds in the subject land as cultivating tenant. The first respondent issued notice to conduct auction of the leasehold rights of the subject land. On coming to know about the same, the petitioner made a representation on 21.7.2016 requesting the first respondent to postpone the public auction as there is existing crop in the subject land. He further submitted that if the first respondent is allowed to conduct auction on 30.7.2016, the same would cause prejudice to the petitioner.

3. The learned standing counsel for the first respondent submitted that if the petitioner is ready to deposit an amount of Rs.42,000/- and gives an undertaking before the Executive Officer of first respondent temple that he will vacate the land in survey Nos.192/B2 and 194 near Kundu River, Madur Village, Chapadu Mandal, Kadapa District, on or before 30.1.2017, the first respondent will stop conducting the auction.

4. Having regard to the facts and circumstances of the case and also in the interest of both parties, the petitioner is hereby directed to approach the Executive Officer of the first respondent temple on or before 30.7.2016 and pay an amount of Rs.42,000/- and also submit written undertaking that under any circumstances, he will vacate the subject land on or before 30.1.2017. If the petitioner fails to comply with the order of this court, the first respondent is at liberty to take appropriate steps for conducting auction of the leasehold rights of the subject land of the first respondent.

5. With the above direction, the writ petition is disposed of. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

_________________________ T.SUNIL CHOWDARY, J July 27, 2016.

NOTE:

Dispatch order copy by 28.7.2016.

(By order) Hsd