ORDER : Since, the subject matter of these two writ petitions, is interrelated and interconnected these writ petitions are disposed of by this common order. 2. Writ Petition No.40370 of 2018 is filed under Article 226 of the Constitution of India seeking the following relief :- “to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in conducting the auction of the lease hold rights of the land in an extent of Ac.5.50 cts in R.S.no.353/2A of Kadiayapu lanka village of Kadiam Mandal of East Godavari District belonging to the 5th respondent on 05-05-2017 (item No.3 in Pamphlet) as illegal, null, void, arbitrary and contrary to the statutory rules consequently direct the respondents to continue the petitioner to cultivate the said land without conducting the auction release the power supply without conducting the said auction and to pass such other order or orders …” 3. Writ Petition No.47312 of 2018 is filed under Article 226 of the Constitution of India seeking the following relief:- “to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the orders in RP No.20 of 2018 dated 19.11.2018 issued by the 3rd respondent dismissing the appeal filed against the orders of the 5th respondent dated 01.04.2016 rejecting the claim of the petitioner and taking steps to dispossess from the land an extent of Ac.5.50 cts in R.S.No.353/2A of Kadiayapulanka village of Kadiam Mandal of East Godavari District belonging to the Sri Malleswara Swamy Vaari Temple, Kadiyam as illegal, arbitrary and contrary to the statutory rules under AP Charitable Hindu Religious Endowment Act consequently direct the respondents not to dispossess the petitioner from the said land by implementing the orders of the 3rd respondent dt.19-11-2018 land and to pass such other order or orders …” 4. The case of the petitioner, in brief, is: Father of the petitioner used to cultivate land of an extent of Ac.5-50 cents in R.S.No.353/2A of Kadiayapulanka village, Kadiam Mandal belonging to Sri Malleswara Swamy Temple, Veeravaram. Later petitioner is cultivating the subject land. In the year, 2005 petitioner made application to respondent No.4 to declare him as landless poor. The said application was rejected. Later petitioner is cultivating the subject land. In the year, 2005 petitioner made application to respondent No.4 to declare him as landless poor. The said application was rejected. Against said rejection order, petitioner preferred appeal No.19 of 2010 and Regional Joint Commissioner (Endowments), by order, dated 29.09.2010 declared petitioner as landless poor. Pursuant to notice, dated 26.11.2016 issued under Rule 3(3) of the Rules under G.O.Ms.No.379, dated 11.03.2003, asking petitioner to vacate the subject land, petitioner made application to declare himself as landless poor as per G.O.Ms.No.379 dated 11.03.2003 as amended by G.O.Ms.No.425, Revenue (Endts-I) dated 09.11.2015. However, his application was rejected by Executive Officer by order, dated 01.04.2016. Aggrieved by the same, petitioner filed revision before Regional Joint Commissioner (Endowments) vide RP No.20 of 2018 and the same was dismissed by order, dated 19.11.2018. b) Aggrieved by the dismissal order dated 19.11.2018 passed in R.P.No.20 of 2018, W.P.No.47312 of 2018 is filed. c) Pending the revision when the authorities intended to conduct auction in respect of the land referred to supra, petitioner filed W.P.No.16681 of 2017 questioning the action of the respondents in conducting auction of lease hold rights in respect of the subject land. 5. Heard learned counsel for the petitioner, learned Government Pleader for Endowments and learned standing counsel for Sri Malleswara Swamy Vaari Temple, Kadiyam. 6. Learned counsel for the petitioner would submit that the subject land is agricultural land. Petitioner is paying Rs.1,27,000/-, the highest bid amount in the auction conducted, for Ac.5-50 cents. He would submit that petitioner made application to declare him as landless poor since petitioner satisfied the conditions laid under Section 82(2) of the Endowments act 30 of 1987. However, according to learned counsel for the petitioner, Regional Joint Commissioner (Endowments), without considering these aspects dismissed the RP No.20 of 2018. 7. Learned standing counsel, on the other hand supported the order of the Regional Joint Commissioner, Endowments. He would submit that subject land is originally agricultural land, but, after petitioner came into possession of the said land pursuant to public auction, converted agricultural land as Nursery and he is doing business. He would submit that in fact Executive Officer issued notice on 21.06.2023 under Rules 18 and 19 of the Rules under G.O.Ms.No.379 of 2003, on the ground that petitioner violated terms and conditions of auction. Hence, prayed to dismiss the writ petition. 8. He would submit that in fact Executive Officer issued notice on 21.06.2023 under Rules 18 and 19 of the Rules under G.O.Ms.No.379 of 2003, on the ground that petitioner violated terms and conditions of auction. Hence, prayed to dismiss the writ petition. 8. This Court by order, dated 04.05.2017 in W.P.M.P.No.20462 of 2017 in W.P.No.16681 of 2017, permitted the respondents to proceed with auction to be held on 05.12.2017. However, directed respondents not to finalize auction or create third party interest for a period of four weeks from the date of said order. Further directed respondent No.5 to place before the Court, the details of bids received as to the highest bid offered by the bidders to pass appropriate orders. As seen from the record, interim order was extended on 08.06.2017. 9. Admittedly, the subject land belongs to Sri Malleswara Swamy Vaari Temple, Kadiyam. Petitioner made application to declare him as landless poor and the same was rejected by Deputy Commissioner, Endowments Department, by order, dated 01.04.2016. Aggrieved by the rejection order, petitioner filed revision vide RP No.20 of 2018. Regional Joint Commissioner concluded that land is not agricultural land and it is nursery with various standing trees such as Coconut, Neem, Badam, Vepa, Jami, Ganugu, Panasa, Seethaphalam and Neredu trees. Therefore, Regional Joint Commissioner (Endowments) opined that Section 82(2) would not apply and hence, petitioner cannot claim status of landless poor. 10. As contended by the learned standing counsel, Executive Officer of the Temple issued notice to the petitioner stating that petitioner violated terms and conditions of auction and converted agriculture land into nursery. This aspect makes the thing clear that the subject land is agriculture land. Regional Joint Commissioner shall decide the claim of the petitioner, if petitioner satisfies the conditions under Section 82 of the Act. However, the authority dismissed the appeal without considering the same on a different ground. Hence, the order passed by Regional Joint Commissioner (Endowments) cannot withstand legal scrutiny. The order dated 19.11.2018 is liable to be set aside. 11. Accordingly, W.P.No.47312 of 2018, filed against order dated 19.11.2018 is allowed setting aside order, dated 19.11.2018 passed by Regional Joint Commissioner, Endowments Department in R.P. No.20 of 2018. The matter is remitted to Regional Joint Commissioner, Endowments Department, Rajamahendravaram, East Godavari District. Regional Joint Commissioner shall dispose of the revision petition within four weeks from today, after giving an opportunity to the petitioner. The matter is remitted to Regional Joint Commissioner, Endowments Department, Rajamahendravaram, East Godavari District. Regional Joint Commissioner shall dispose of the revision petition within four weeks from today, after giving an opportunity to the petitioner. Petitioner shall cooperate for expedite disposal of the revision petition. 12. W.P.No.16681 of 2017 is filed questioning the action of respondents in conducting auction on 05.05.2017. As per the phamplet, lease is from 2017-18 to 2019-2020. By efflux of time, the period specified in the notice was completed. In view of the same no further orders are required. If the authorities intend to put the subject property for auction, petitioner can also participate in the auction. Accordingly, W.P. No. 16681 of 201 is closed. There shall be no order as to costs. As a sequel, all the pending miscellaneous petitions shall stand closed.