IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No.693 of 2010. Date:06.09.2011 Between:- Dasari Vishnu Narayana and another ..Appellants And The Deputy Commissioner, Endowments Department, Guntur and another. .. Respondents JUDGMENT:- The Civil Miscellaneous Appeal, under Section 84(2) of A.P.Charitable and Hindu Religious, Institution and Endowments Act, 1887 is directed against the order, dated 25.05.2010, in O.A.No.38 of 2002 on the file of the Deputy Commissioner, Endowments Department, Guntur whereunder and whereby, the appellants/respondents were ordered to remove the encroachment and deliver possession of the schedule premises in question within one month from the date of receipt of that order failing which, the Assistant Commissioner, Endowments Department, Guntur may remove the encroachment and obtain possession of the property with the assistance of police. Heard both sides. It is not in dispute before this Court that by the date of passing of the impugned order, the Deputy Commissioner, Endowments, Guntur has no jurisdiction to decide the dispute. However, the impugned order has been passed for eviction of the appellants from the petition schedule premises. Therefore, the impugned order is liable to be set aside, but considering the fact that the appellants are said to be the encroachers, they are liable to pay damages for use and occupation of the premises in question. The interest of the temple has to be protected. Whether the appellants are having a right, title and interest over the property or not and whether they are the encroachers of the property or not, as contended by the respondents, have to be determined by the Tribunal constituted under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 30 of 1987. Therefore, the interest of the temple can be safeguarded by directing the appellants to pay Rs.1,500/- (Rupees one thousand and five hundred only) per month payable on or before 10th of every succeeding month commencing from October, 2011 onwards failing which, the respondents can execute the decree. The amount shall be deposited to the credit of the Original Application. The withdrawal of the amount by either of the parties is subject to the result of the decision that may be taken in the Original Application. Any observation made herein is only for the purpose of disposal of this appeal. In view of the fact that the Original Application is of the year 2002, uninfluenced by any observation or finding in this judgment, the Tribunal shall dispose of the Original Application within a period of six (6) weeks from the date of receipt of a copy of this order. Both the parties are at liberty to adduce the evidence. With the above direction, the Civil Miscellaneous Appeal is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 06th September, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No.693 of 2010 Date:06.09.2011 AMD