HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.4670 of 2011 Date : 25-2-2011 Between : B.Sivaraj @ Suresh tnd another .. Petitioners and The Government of Andhra Pradesh, Represented by its Principal Secretary to Government, Endowments Department, Hyderabad and others .. Respondents Counsel for petitioners : Sri P.Ponna Rao Counsel for respondent Nos.1 to 4 : A.G.P. for Endowments Counsel for respondent No.5 : Sri Ch.Satish Kumar, Standing Counsel The Court made the following : ORDER: This Writ Petition is filed for a mandamus to set-aside notice dated 27-12-2010 of respondent No.3 whereby the petitioners are directed to handover vacant possession of the portions of the choultry belonging to respondent No.5. I have heard the learned counsel for the petitioners and the Sri Ch.Satish Kumar, learned Standing Counsel representing respondent No.5. By the impugned notice, the petitioners who are in occupation of a part of the choultry and using the same for residential purpose are asked to vacate the premises on the ground that they have not paid the arrears of rent in spite of notices having been received by them from time to time. It is the pleaded case of the petitioners that on receipt of the notices when they approached respondent No.5 for tendering arrears of rents, the Manager refused to receive the same and therefore they could not pay the arrears. According to the petitioners, each of them is in arrears of Rs.10,000/- and that they are ready and willing to pay the said amount. The right of respondent No.5 to evict the petitioners requires to be adjudicated by the Andhra Pradesh Endowments Tribunal (for short, "the Tribunal") under Section 83 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. Even if the petitioners are encroachers, in view of their admitted possession, they cannot be evicted unless the Tribunal passes an order of eviction. However, the petitioners cannot continue in possession without paying the arrears. There is a dispute regarding quantum of arrears. As this dispute also needs to be adjudicated by the Tribunal, accepting the statement of the learned counsel for the petitioners that they are in arrears of Rs.10,000/- each, for the time being, pending adjudication of this dispute by the Tribunal, the petitioners are directed to pay Rs.10,000/- each to respondent No.5 within a period of two weeks from today. Respondent No.5 is entitled to approach the Tribunal for eviction of the petitioners. Respondent No.5 is also entitled to make application pending the eviction proceedings for appropriate directions for payment of damages for use and occupation of the premises pending proceedings before the Tribunal. It is needless to say that till the Tribunal passes an appropriate order, the respondents shall not evict the petitioners subject to their paying the sum of Rs.10,000/- each within the time as stipulated above. The Writ Petition is accordingly disposed of with the above directions. As a sequel to dismissal of the Writ Petition, WPMP No.5779/2011 is disposed of as infructuous. ____________________ C.V.Nagarjuna Reddy.,J Date : 25-2-2011 AM