THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.18866 OF 2010

ORDER:

1. On 04.02.2026, since there was no representation on behalf of the petitioner, the matter was directed to be listed under the caption ‘for dismissal’ on 09.02.2026. On 09.02.2026, none appeared for the petitioner. Hence, this Court has no other option, except to decide the matter on merits.

2. Aggrieved by the order dated 12.05.2009 in O.A.No.114 of 2009 passed by the Deputy Commissioner, Endowments Department, Visakhapatnam, Respondent No.3 preferred this writ petition, questioning the correctness of the Order passed by the Deputy Commissioner. Respondent No.2 herein i.e. Sri Varaha Laxmi Narasimha Swamy Vari Devasthanam is the petitioner before the Tribunal, who filed O.A.No.114 of 2009 to initiate enquiry under Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30/87) [for short, "the Act"] against the respondents therein, for eviction from the petition schedule property.

3. The Assistant Commissioner, Endowments Department, Visakhapatnam, has submitted proposals informing that the petitioner and others are in unauthorized occupation of the petition schedule property belonging to the Temple and recommended to initiate eviction proceedings under Section 83 of Act 30 of 1987. Based on the pleadings before the Deputy Commissioner, the Deputy Commissioner held that the petitioner herein and others are encroachers of the petition schedule property within the meaning of Section 83 of Act 30 of 1987 and directed them to be evicted from the scheduled property.

4. The sole point that arises for consideration is whether the Order passed by the Deputy Commissioner is without jurisdiction?

5. The Deputy Commissioner initiated enquiry under Section 83(2) of the Act 30/87 against the respondent for eviction from the scheduled property based on the proposal made by Assistant Commissioner, Endowments Department, Visakhapatnam, informing that the petitioner herein and others have been in unauthorized occupation of the petition schedule property and recommended to initiate proceedings under section 83 of Act 30/87. The Deputy Commissioner passed an order dated

12.05.2010 holding that the petitioner herein and others are encroachers of the scheduled property within the meaning of Section 83 of Act 30/ 87 and directed them to be evicted from the scheduled property and vacate the scheduled property, and hand over the vacant possession to the petitioner/institution within 15 days from receipt of the Order.

6. G.O.Ms.No.837 dated 13.08.2009 issued by Revenue (Endowments Department), reads as under:

“In exercise of the powers conferred under section 162(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) the Government of Andhra Pradesh hereby constitute the A.P. Endowment Tribunal sitting at Hyderabad. The Tribunal shall have jurisdiction for the entire State of Andhra Pradesh for the determination of any disputes, question or the matter relating to a Charitable Institution, Dharmadayam, Religious Charity, Religious Endowments, Religious Institution or any Institution etc., as defined in the Act".

7. The said G.O. specifies that the Notification shall be published in the Extraordinary issue of the Andhra Pradesh Gazette, dated 20.08.2009. As seen from Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 is substituted by Act No.33 of 2007 w.e.f.

03.01.2008. Before the amendment to Section 87 of the Act, it reads as under:

“87. (1) The Deputy Commissioner having jurisdiction shall have the power, after giving notice in the prescribed manner to the person concerned, to enquire into and decide any dispute as to the question-

a) whether an institution or endowment is a charitable institution or endowment;

b) whether an institution or endowment is a religious institution or endowment;

c) whether any property is