IMPORTANT POINT
The central legal point established in the judgment is the definition of encroachment under Sec. 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987, and the requirement of alienation under Sec. 80 for a person to be treated as an encroacher.

JUDGMENT

1. The above writ petition is filed seeking the following relief:

"... to issue a writ, order or direction, more particularly one in the nature of Writ of Certiorari call for the records relating to Decree and Order dtd. 26/7/2022 passed in O.A.No.147 of2015 on the file of the A.P. Endowments Tribunal, Amaravati at Pedakakani and set aside the same, as illegal and for a consequential direction directing the respondents 1 and 2 herein to sell the property to the petitioner as per their acceptance @ Rs.240.00 and Rs.300.00 per square yard in the interest of justice ..."

2. a) In the affidavit it was contended interalia that the petitioner and 50 others occupied the land in D.No.233 of an extent of Ac.15.38 cents. Petitioner has been in possession of 350 square yards. Petitioner and others formed an association, which was registered under the Societies Act under the name and style of 'Sri Lakshmi Narasimha Swamy Housing Society' (for short "the Society") vide No.90 of 1986 dtd. 17/4/1986. Representation was made on behalf of the society to the Government as well as to the Endowments Department. The Endowments Department at District Level including the 2nd respondent made proposals to the higher authorities to sell the property in favour of petitioner and others, in possession of respective extents.

b) The Commissioner, Endowments addressed letter dtd. 22/7/1999 to the Government requesting to accord permission to the 2nd respondent to sell the land in favour of 37 encroachers @ Rs.300.00 per squard yard. The 2nd respondent in its letter dtd. 11/2/2004 addressed to the Endowments Department requested to regularize the encroachments Ac.1.72 cents in S.No.233. It is also proposed by the Government that the rate should be Rs.500.00 per square yard. When the negotiations between the encroachers and the Endowments Department are going on, the Government issued G.O.Ms.No.405 Revenue (Endowment-II) Department dtd. 4/7/2002 for regularization of encroachments in respect of urban properties and policy guidelines for land disposal, based on the recommendations of the Cabinet Sub Committee.

c) Pursuant to the G.O.Ms.No.405 dtd. 4/7/2002, the Society addressed letter to the Government requesting to alienate the property to the encroachers for Rs.240.00 and Rs.300.00 per square yard. Some of the effected parties approached the High Court and filed W.P.No.21148 of 2002 and the High Court granted interim order at admission stage and the same is still pending consideration.

d) Respondents 1 and 2 filed O.A.No.147 of 2015 on the file of A.P. Endowments Tribunal, Amaravati under Sec. 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (for short "the Act") seeking eviction. Petitioner contested the OA. The Tribunal vide order dtd. 26/7/2022, without considering the material available on record, ordered eviction and further directed the petitioner to pay Rs.3,000.00 per month towards damages. Aggrieved by the same, the above writ petition is filed.

3. Heard Sri A.Sreedhar, learned counsel for petitioner, the learned Government Pleader for Endowments for respondents 1 and 3 and Smt.P.Padmavathi, learned Standing Counsel for 2nd respondent-Temple.

4. Learned counsel for the petitioner would submit that the petitioner and others occupied the land belonging to the Temple about 70 years back and they have been in possession and enjoyment of respective plots. He would also submit that the Endowments Commissioner addressed letter dtd. 22/7/1999 to accord permission to the Executive Officer of Sri Lakshmi Narasimha Swamy Temple, Mangalagiri to sell away Ac.1.63 cents in D.No.233 of Mangalagiri Town in favour of 37 encroachers @ Rs.300.00 per square yard by way of private negotiations to regularize the encroachments. He would submit that the Executive Officer of the Temple addressed a letter to the Principal Secretary on 5/12/2002 seeking clarification regarding G.O.Ms.No.405, regarding alienation of plo