Unauthorized occupants of land belonging to religious institutions, though considered encroachers, are entitled to protection under the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987, and cannot be dispossessed without following the due process prescribed in the Act.

ORDER :

T. Rajani, J.

1. This petition is filed seeking to declare the action of the 3rd respondent in proposing to conduct the public auction of the land admeasuring Acs. 25-53 cents situated in Survey No. 316/2, Bodavada Mandagunta, Pachuru Mandal, Prakasam District, as illegal and arbitrary.

2. Heard the Counsel for the petitioners and the Government Pleader appearing for respondents 1 and 2.

3. The Counsel for the petitioners contends that the respondents are trying to dispossess the petitioners from the subject land without following any due process of law as is laid down in Sections 83 to 85 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short, "the Act") by conducting an auction for the land. The petitioner is an encroacher, admittedly. But his contention is that even in respect of an encroacher, the Act prescribes a procedure for encroachment. On the other hand, the contention of the Government Pleader is that the petitioners cannot be termed as Encroachers as they unauthorisedly occupied the land without any lease or licence.

4. In the considered opinion of this Court, the understanding of the definition of the term, 'Encroacher', which is made under the explanation to Section 83(1), is misconceived by the Government Pleader. The explanation to Section 83(1) describes any person, who unauthorisedly occupy any land or building or space and deemed to include any person who is in occupation of the land or building or space without the approval of the competent authority sanctioning lease or mortgage, or licence and also a person who continues to remain in the land or building or space after the expiry or termination or cancellation of the lease, mortgage or licence in respect thereof granted to him, as an encroacher. The Government Pleader by reading the second part of the definition of Encroacher endeavours to impress upon this Court that it is only a person, whose lease, mortgage or licence is not cancelled or extended, can be termed as an Encroacher.

5. Section 83 of the Act is extracted hereunder for ready reference.

"83. Encroachments by persons on land or building belonging to charitable or religious institution or endowment and the eviction of encroachers.- (1) Where the Assistant Commissioner having jurisdiction, either suo motu or upon a complaint made by the trustee has reason to believe that any person has encroached upon (hereinafter in this Chapter referred to as encroacher) any land, building, tank, well, spring or water-course or any space belonging to the institution or endowment, wherever situated or deemed as an encroacher under any of the provisions of this Act, the Assistant Commissioner shall report the fact together with relevant particulars to the [Endowments Tribunal] having jurisdiction over the division in which the institution or endowment is situated.

Explanation.-For the purpose of this Chapter the expression 'encroacher' shall mean any person who unauthorisedly occupy any land or building or space and deemed to include any person who is in occupation of the land or building or space without the approval of the competent authority sanctioning lease or mortgage, or licence and also a person who continues to remain in the land or building or space after the expiry or termination or cancellation of the lease, mortgage or licence in respect thereof granted to him or it.

(2) Where, on a perusal of the report received by him under sub-section (1), the [Endowments Tribunal] finds that there is a prima facie case of encroachment, [ft] shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling on him to show - cause before a certain date why an order requiring him to remove the encroachment before the date specified in the notice should not be made. A copy of the notice shall also be sent to the trustee of the institution or endowment concerned.

(3) The notice referred to in sub-section (2) shall be served in su