THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24000 of 2011 Date: 26.08.2011 Between: Kommuri Mohana Rao … Petitioner and Government of A.P., rep.by its Principal Secretary to Government, Endowments Department, Secretariat, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24000 of 2011 ORDER : Heard Sri S. Satyanarayana Moorthy, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Endowments appearing for respondent Nos.1 and 2, and Sri V.T.M. Prasad, learned Standing Counsel appearing for respondent No.3, and with their consent, the petition is being disposed of at the admission stage. 2. The order dated 14.02.2011 in O.A.No.1168 of 2010 (old No.11 of 1993 on the file of Deputy Commissioner, Guntur) passed by the A.P. Endowments Tribunal, Hyderabad, is under challenge in this writ petition. 3. The petitioner was granted lease in respect of Shop No.5, situated at Anjaneya Panthulu Street, Gangammapet, Tenali, Guntur District, belonging to the 3rd respondent-Dharma Sathram. Since the lease expired by 30.4.1992, a notice dated 18.6.1992 was served on the petitioner calling upon him to vacate the subject premises. The petitioner received the same, but failed to vacate the premises. Therefore, proceedings were initiated for his eviction under Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity “the Act”) initially before the Deputy Commissioner of Endowments, Guntur in O.A.No.11 of 1993, which was subsequently transferred to the A.P. Endowments Tribunal, Hyderabad and numbered as O.A.No.1168 of 2010. On a consideration of the evidence on record, the Tribunal reached a conclusion that after the expiry of the lease, the petitioner continued to be in unauthorized occupation of the subject premises as an encroacher and accordingly allowed the O.A. by order dated 14.02.2011 directing the petitioner to vacate the premises within one month. Aggrieved by the said order, the petitioner has filed the present writ petition. 4. During the course of hearing, learned counsel for the petitioner does not challenge the legality of the order passed by the Tribunal. The learned counsel states that the petitioner has been in occupation of the subject premises and running medical shop for quite a long time and, therefore, the Tribunal ought to have granted a reasonable time to vacate the premises. It is also stated that one month time granted by the Tribunal is wholly insufficient. He, therefore, seeks reasonable time for vacating the subject premises. 5. Admittedly, the lease in respect of the subject premises expired on 30.4.1992. The petitioner did not vacate the said premises. As per the provisions of Section 83 of the Act, a person, who continues to remain in the premises after the expiry or termination or cancellation of lease, shall be treated as an encroacher. Therefore, the petitioner, whose lease expired on 30.4.1992, is an encroacher within the meaning of the said provision. Indisputably, the petitioner has been running a medical shop in the subject premises for quite a long time and he requires a reasonable time so as secure an alternative accommodation. Therefore, I am of the opinion that the time granted by the Tribunal is not sufficient. 6. In the circumstances, I deem it appropriate to pass the following order: (i) The petitioner is granted time till 30.11.2011 to vacate the subject premises; (ii) The petitioner shall vacate and handover vacant possession of the subject premises on or before 30.11.2011 without any hindrance; (iii) Till such time, the petitioner shall continue to pay the rent regularly without any default; (iv) The petitioner shall file an undertaking incorporating the said clauses before the 2nd respondent-Assistant Commissioner of Endowments, Guntur District, within one week from today; and (v) In the event of default of the aforesaid clauses, this order granting extension of time to vacate the subject premises shall stand vacated. 7. Save extension of time as above, the writ petition is dismissed. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 26.08.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24000 of 2011 26.08.2011 (Msr)