Authority: High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction)
Order Date: 07-07-2026
Case Overview
- Petitioner: Paladugula Lakshmana Rao, Sarpanch, residing at Chidipi Village, Kovvur Mandal, East Godavari District.
- Respondents: State of Andhra Pradesh (represented by Revenue (Endowments) Department), Commissioner Endowments Department, District Endowments Officer, Deputy Commissioner Endowments, Sri Hatakeswara Swamy Temple (executive officer), and Mankina Veeraju (6th respondent).
- Subject Land: Agricultural land measuring 4.81 cents in R.S. No.42/1, Chidipi Village, Kovvur Mandal, belonging to Sri Hatakeswara Swamy Temple.
- Background: The land was put to public auction on 08‑02‑2022; the 6th respondent (Mankina Veeraju) was the highest bidder, paying Rs.2,99,000 for the entire parcel. The lease expired on 30‑04‑2025.
- Petitioner's Claim: The lease was extended on 30‑05‑2025 (RC No. COE‑L2/18024(32)/18/2025) for an additional three years without conducting a tender‑cum‑public auction, allegedly violating G.O. Ms. No. 379, Rev. (Endowments) dated 11‑03‑2003, the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, its Rules, and Article 300‑A of the Constitution.
- Legal Provisions Cited: Rules 7 and 8 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003, which mandate public auction three months before lease expiry and restrict lease periods to a maximum of three years unless prior permission from the Commissioner is obtained.
- Respondent’s Defense: The 6th respondent argued that the lease was lawfully extended for three years (2025‑26 to 2027‑28) with a 33% rent enhancement, raising the lease amount to Rs.3,97,670. He also stated that a borewell was drilled at his own expense, to be handed over to the temple, and that the Commissioner had granted permission under Rule 8, allowing extensions up to six years.
- Precedents Cited: The petition relied on Smt. Kuthuri Suryavathi v. State of Andhra Pradesh (2015) 15 ALD 714. The respondents cited Ballapu Suresh v. K. Rama Koteswara Rao (2022) 1 ALT 95, emphasizing that encroachers must be evicted only after due legal process.
- Key Observations: The Court noted that the lease extension beyond three years without a public auction contravened Rules 7 and 8. The petitioner's allegation that the tender notice was scheduled on Good Friday (a public holiday) to thwart the auction was considered but found insufficient to overturn the statutory breach.
Final Outcome
- The writ petition was dismissed as lacking merit.
- No order as to costs was made.
- All interlocutory applications, if any, pending in this writ petition stand closed.
Topics: Lease Dispute, Endowments Regulation