ORDER

The above writ petition is filed seeking the following relief:

“… to issue a Writ or Order or Direction, particularly one in the nature of Writ of certiorari calling for the records relating to Decree and Order dated 26.07.2022 passed in OA No.170/2015 on the file of Hon’ble A.P. Endowments Tribunal, Amaravathi, at Pedakakani and set aside the same as highly illegal, arbitrary, unconstitutional, unjust and violative of Rule of Law, violative of Article 14, 19(1)(g) and 300-A of the Constitution of India and against the procedure contemplated under the A.P. Endowments Act, 1987, consequentially direct the respondents herein to sell the property to the petitioner as per acceptance @ Rs.240/- and Rs.300/- 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 Sy.No.233 of an extent of Ac.15.38 cents. Petitioner has been in possession of 228 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 dated 17.4.1986. Representation was made on behalf of society to the Government as well as to the Endowments Department. The Endowments Department at District Level including respondent No.2 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 a letter dated 22.07.1999 to the Government requesting to accord permission to respondent No.3 Temple to sell the land in favour of 37 encroachers @ Rs.300/- per square yard. Respondent No.3 in its letter dated 11.02.2004 addressed to the Endowments Department requested to regularize the encroachments Ac.1.72 cents in Sy.No.233. It is also proposed by the Government that the rate should be Rs.500/- per square yard. When the negotiations between the encroachers and the Endowments Department were going on, the Government issued G.O.Ms.No.405 Revenue (Endowment-II) Department dated 04.07.2002 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 G.O.Ms.No.405 dated 04.07.2002, the Society addressed a letter to the Government requesting to alienate the property to the encroachers for Rs.240/- and Rs.300/- per square yard. Some of the affected 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 2 and 3 filed O.A.No.170 of 2015 on the file of A.P. Endowments Tribunal, Amaravati, under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (for short “the Act”) seeking eviction of the petitioner and others. Petitioner contested the OA. The Tribunal vide order dated 26.07.2022, without considering the material available on record, ordered eviction and further directed the petitioner to pay Rs.3,000/- per month as damages. Aggrieved by the same, the above writ petition is filed.

3. Counter affidavit is filed by respondent No.3. It was contended, inter alia, that respondent No.3-Temple is the absolute owner of an extent of Ac.15-38 cents in Sy.No.233, Mangalagiri Town and Mandal, Guntur District, which was donated by Namburu Venkatappaiah and others for Akhandam (Akhanda Deepardadhana), Nitya Naivedyam etc. The petitioner herein is admitting title of the Temple over the schedule land. The petitioner’s family occupied the land in an extent of 228 square yards in survey No.233 of Mangalagiri Town, Guntur District, belonging to Temple, as such petitioner has no subsisting right over the Temple land. Long possession of land belong to Endowments does not confer any right. Petitioner is encroacher under Section 83 of the Act