B. S. A. SWAMY, J.

( 1 ) THE question that arises for consideration in the second appeal would be whether the appellants herein who were temporarily accommodated in the rooms of the newly constructed Choultries of Tirumaja Tirupati Devasthanam, Tirumala meant for providing accommodation to pilgrims, for a period of three months with rent free facility, and who subsequently refused to vacate the said rooms after the expiry of the said period, can be termed as encroachers as defined in Explanation (ii) to Section 80 of the A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as the Act ) and whether the procedure contemplated under section 83 of the Act has to be followed for evicting them from the rooms under their occupation.

( 2 ) THE undisputed facts of this case are that to meet, the heavy rush of pilgrims on the up-hills, the respondent-Devasthanam has drawn a Master Plan for the development of the area and for maintenance of good sanitation, so that large number of pilgrims visiting the temple may not be affected with epidemics. As per the master plan, they started construction of master drain passing through the lane where build

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