JUDGMENT:

Does the Endowments Tribunal, constituted under an Act for Hindu religious institutions, possess the jurisdiction to order the eviction of a Christian minority school from land that is prima facie Government property?

This Civil Miscellaneous Appeal, instituted under Section 84(2) of the Andhra Pradesh Charitable and Hindu Religious, Institutions and Endowments Act, 1987 (Act 30 of 1987) is directed against the judgment and award dated 28.02.2011 in O.A. No. 2164 of 2010 (Old No. 102 of 2005 on the file of the Deputy Commissioner, Kakinada), as rendered by the Endowments Tribunal, Hyderabad.

2. The respondents, in their capacity as the original petitioners, instituted O.A. No. 102 of 2005. They sought action under Section 83 of Act 30 of 1987 against the appellant, with the objective of securing the eviction of Saint Mathew’s Public School from the premises known as Sri Nalluri Vari Dharma Thota, Patamata, Vijayawada.

3. The appellant is currently in occupation of the land from which their eviction is sought. The respondents contend that the appellant has encroached upon the property belonging to Sri Nalluri Vari Dharma Thota, Patamata, Vijayawada, a property duly published under Section 6(c)(i) of Act 30 of 1987. Aggrieved by the judgment and award passed by the Tribunal under Section 83(2) of the said Act, the appellant has preferred the present Civil Miscellaneous Appeal under Section 84(2) of Act 30 of 1987.

4. The parties to this appeal shall be referred to in accordance with their respective designations as they appeared before the Tribunal.

5. The petitioners' case is that the respondent was illegally allotted land measuring 6.80 acres in R.S. No. 90, situated at Patamata, Vijayawada. This allotment was made by the then Trustees of Nallurivari Saint Mathew’s Public School, a Christian organization. There exists no lease approval orders from the competent authority, nor did the Commissioner of Endowments, Andhra Pradesh, grant permission for the alienation of the site to the school authorities. Despite the issuance of a legal notice dated 06.01.2005 demanding the vacation of the site, the school authorities have not responded and continued to operate the school.

6. In response, the respondent filed a counter, contending that the petitioners lack the legal standing to file the petition, as they never assumed charge of the institution or its property. The respondent asserts that Sri Nalluri Vari Dharma Thota, Vijayawada is a private trust, with trusteeship being managed by members of the Nalluri family since its inception. According to the respondent, the trust's aims and objectives include promoting education by utilizing its properties to establish or support educational institutions, as well as constructing temples. The respondent avers that the institution dedicated an extent of 6.80 acres in R.S. No. 90 of Patamata village through a Dedication Deed dated 15.01.1971, delivering possession to the respondent as the donee of the property. It is stated that the respondent is an International Educational Institution founded to advance the cause of education by establishing educational institutions in India. Subsequently, the respondent constructed pucca buildings after obtaining plan approval from the Gram Panchayat, Patamata, around 1973, developed playgrounds, and erected a compound wall around the entire property. The school has since operated under the name 'Nalluri Vari Saint Mathews Public School', popularly known as N.S.M. Public School, Patamata. The school received official recognition vide Letter L.Dis No.5B 28/B1-3/74 dated 19.12.1974. The respondent further states that some land belonging to the institution was also donated to a Government Elementary School. Additionally, the respondent denies the petitioners' characterization of the property as vacant land and disputes the alleged rental assessment of Rs. 10,000/- per acre as neither true nor correct. The respondent also claims to have acquired title to the