HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 5761 of 2010 ORDER: Heard Sri R.Narasimha Reddy, learned counsel for the petitioners, and Sri V.Venugopal Rao, learned Standing Counsel for the fourth respondent-Devastanam and, at their request, the writ petition is being disposed of at the stage of admission. Petitioners 1 and 2 claim to be the owners and to be in possession of agricultural land of an extent of Ac.1.00 in Sy.No.96 of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District. They claim to have purchased these lands through registered sale deed document Nos.2963 and 2964 of 2000 dated 24.08.2000. The third petitioner claims to be the owner of an extent of Ac.0.80 cents in Sy.No.151/A of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District having purchased it by way of a registered sale deed document No.2036 of 1956 dated 06.08.1956. All the petitioners claim to have raised banana plantations and to be growing vegetables on the said land. It is the petitioners’ case that the officials of the fourth respondent-Devastanam came over to their lands on 08.03.2010, destroyed the banana plantations, disturbed the measurements, had planted wooden poles and put up barbed wires. They are also said to have threatened the petitioners of dispossession. The alleged high-handed action of the fourth respondent-Devastanam is subjected to challenge in this writ petition. Sri V.Venugopal Rao, learned Standing Counsel for the fourth respondent-Devastanam, would submit that the land in question is barren land and as such possession was sought to be taken by the respondents by commencing fencing of the property; since the petitioners’ are carrying on business in real estate the fourth respondent-Devastanam apprehends that they would divide this land into residential plots and alienate the same and it is only with a view to protect their land, and to avoid third party rights being created, that the fourth respondent-Devastanam had taken steps to protect the land by erecting poles and laying barbed wires over the land. Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) relates to encroachments by persons on lands belonging to charitable or religious institutions and their eviction. An ‘encroacher’, under the explanation to Section 83 (1), is defined to mean a person who unauthorisedly occupies any land of the religious institution without approval of the competent authority. Even if the petitioners are presumed to be encroachers the only mode of eviction permissible under Act 30 of 1987 is under Section 83 without recourse to which the fourth respondent-Devastanam is not entitled to evict them unilaterally or through physical force. Sri V.Venugopal Rao, learned Standing Counsel for the fourth respondent-Devastanam, would fairly state that necessary action, to evict the petitioners, would be initiated under Section 83 of Act 30 of 1987 at the earliest. The fourth respondent-Devastanam is directed to remove the poles and the barbed wires from the land in question. Pending action being taken under Section 83 of Act 30 of 1987, the petitioners shall not alienate, or in any manner create third party rights over the properties in question. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:12.03.2010 usd