THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20416 of 2010 Date:01.03.2011 Between: P. Krishna and another ..... Petitioners AND The Government of Andhra Pradesh, Endowments Department, Hyderabad and others .....Respondents Counsel for the Petitioners: Sri Pavan Kumar Pujari Counsel for Respondent Nos.1 to 3: Assistant Government Pleader for Civil Supplies Counsel for Respondent No.4: -- The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.1 in entertaining O.A.No.1A of 2010 filed by respondent Nos.3 and 4 and passing order dated 30.07.2010 in I.A.No.01A of 2010 in the said O.A. as illegal and arbitrary. I have heard Sri Pavan Kumar Pujari, the learned counsel for the petitioners and the learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 3. As regards the second part of the relief claimed in the writ petition, a perusal of the impugned order dated 30.07.2010 shows that an ad interim injunction was granted by the Endowments Tribunal till 11.08.2010. As the period for which the said order was passed has expired and the same does not appear to have been extended later, this part of the relief claimed by the petitioners has become infructuous. With respect to the prayer relating to the entertainment of the O.A. by the Endowments Tribunal, under Section 83 (2) of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Act, 1987 (for short ‘the Act’), where on a perusal of the report received by the Tribunal from the Assistant Commissioner having jurisdiction or on a complaint made by the Trustee, the Tribunal prima facie finds that the land of a religious or charitable institution is under encroachment, it shall cause a notice to be served on the encroacher calling upon him to show cause why an order removing encroachment shall not be passed. In view of this statutory power vested in the Tribunal, I do not find any illegality in the Endowments Tribunal entertaining the petition filed for eviction by the Assistant Commissioner of Endowments and respondent No.4. Accordingly, the Writ Petition is disposed of by giving liberty to the petitioners to participate in the proceedings pending before the Endowments Tribunal and contest the application filed by respondent Nos.3 and 4. As a sequel to disposal of the writ petition, W.P.M.P.Nos.25961, 26843 and 34250 of 2010 are disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 01st March, 2011 GHN