THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.11953 of 2011 ORDER : After hearing Smt.V.Himabindu, learned counsel for the petitioner, learned Government Pleader for Endowments appearing on behalf of the Respondents 1 and 2 and Sri V.T.M.Prasad, learned standing counsel for the Endowments appearing on behalf of the Respondent No.3, this Writ Petition is disposed of at the admission stage. The order dated 14-03-2011 in I.A.No.386 of 2011 in O.A.No.1409 of 2010 on the file of the A.P. Endowments Tribunal, Hyderabad is under challenge in this Writ Petition. The said I.A. was filed by the petitioner to set aside the ex parte order dated 23-12-2010 passed in O.A.No.1409 of 2010 ordering eviction of the petitioner from the subject premises. The said I.A. was allowed subject to payment of Rs.750/- per month as damages for use and occupation from the date of O.A. along with Rs.2,000/- towards costs with a condition to comply the same on 25-04-2011. It is the case of the petitioner that originally the jurisdiction for eviction of encroachers was vested with the Deputy Commissioner of Endowments, Guntur and after the Tribunal was constituted, the said jurisdiction came to be vested in the Tribunal, therefore the matter was transferred to the Tribunal. The petitioner did not receive any notice and remained ex parte, therefore the Tribunal passed an ex parte order dated 23-12-2010. On coming to know of the said ex parte order the petitioner filed a petition to set aside the same by filing I.A.No.386 of 2011. The Tribunal allowed the said I.A. and restored the O.A. subject to the above mentioned conditions. That is how the petitioner has filed the present Writ Petition. There does not appear to be any dispute that the O.A. was disposed of by orders dated 23-12-2010 without notice to the petitioner. The Tribunal apparently was convinced of the same and restored the O.A. Once the O.A. is restored the petitioner would stand relegated to his original position requiring fresh adjudication. In that view of the matter, I am of the considered opinion that the direction of the Tribunal to deposit Rs.750/- per month for use and occupation is not sustainable, since the question of paying damages would arise if the petitioner is found to be liable. Awarding of costs in matters like this is always the matter of discretion of the courts. Therefore, the impugned order awarding costs of Rs.2,000/- cannot be faulted. The Writ Petition is accordingly disposed of setting aside the order dated 14-03-2011 in I.A.No.386 of 2011 in O.A.No.1409 of 2010 on the file of the A.P. Endowments Tribunal, Hyderabad insofar as the damages; and confirming the order insofar as the costs is concerned. No costs. ________________ NOUSHAD ALI, J. 25th April, 2011. Note : Issue Operative Portion of the Order by wire at party’s costs. B/O skmr