THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.NO.10825 OF 2011 ORDER Heard Sri B.Adinarayana Rao, learned counsel for the petitioners and the learned Government Pleader for Endowments and with their consent, the writ petition is disposed of at the admission stage. The Assistant Commissioner, Endowments Department, Guntur-2nd respondent herein laid a complaint under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 on the proposals submitted by the first respondent-temple seeking eviction of the petitioners from the schedule property covered by Radhakrishna Talkies situated in T.S.No.147, Old Bus Stand area, Guntur, on the ground of expiry of lease on 31-07-2009. The facts of the case need not be dealt in extenso in view of the consensus between the parties in this writ petition. Suffice it to state that admittedly the lease granted in favour of the petitioners expired on 31-07-2009. The property was leased out on a monthly rent of Rs.34,250/-. The application of the petitioners seeking extension of the lease was also rejected by the Commissioner of Endowments by orders in D.Dis.No.N2/50946/2010, dated 15-3-2006. The Tribunal considered the material before it and on appreciation of the oral and documentary evidence reached a conclusion that the petitioners are encroachers and they are liable to be evicted. Accordingly, the Tribunal by orders dated 2-4-2011 allowed the OA, but granted one-month time to the petitioners to vacate the premises. Learned counsel for the petitioner fairly does not canvas the legality of the impugned order, but submits that having regard to the nature of business, granting of one month time by the Tribunal is wholly insufficient. The counsel therefore requests that sufficient time be granted to vacate and hand over the premises to the first respondent. Sri V.T.M.Prasad, learned Standing Counsel concedes the request for granting reasonable time. The counsel however submits that the petitioners be directed to pay rent at Rs.4,00,000/- per month on the ground that in the auction of lease hold rights held by the Temple, the highest bidder has quoted the said amount. I am not inclined to accept the said submission since the petitioners were the donors of super structures besides being tenants for quite a long time. Indisputably the subject premises is a theatre. The petitioners are said to have entered into agreements with film distributors for distribution of films for a considerable period of time. The theatre is also equipped with equipment, which has to be dismantled/shifted. Therefore, the petitioners seek time upto 31st August, 2011 for vacating the premises. Learned Standing Counsel does not object to the said proposal. Hence, the time granted by the Tribunal for vacating the premises is extended upto 30th August, 2011. The petitioners shall continue to pay the existing rent till such time. The petitioners shall also file an unconditional undertaking before the first respondent temple in this regard. Save the enlargement of time, the writ petition is dismissed. No costs. _______________________ JUSTICE NOUSHAD ALI rkk Dated: 19-4-2011