THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14497 of 2011 Date: 06.06.2011 Between: The Divisional Marketing Officer, APSHWCS Ltd., APCO Fabrics (Palacole: SE-3), APW Bhavan, Lalcheruvu, Rajahmundry, E.G. District. … Petitioner and The Assistant Commissioner, Endowments Department, Eluru, West Godavari District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14497 of 2011 ORDER : Heard Sri T. Venkat Raju Goud, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Endowments appearing for respondent No.1, and Sri V.T.M. Prasad, learned Standing Counsel appearing for respondent No.2. Having regard to the short grievance of the petitioner for extension of time to vacate the premises, with the consent of the respective counsel, the writ petition is being disposed of at the admission stage. 2. This writ petition has been filed for a Writ of Certiorari seeking to quash the order dated 28.2.2011 in O.A.No.2361 of 2010 passed by the 3rd respondent-A.P. Endowments Tribunal, Hyderabad, as arbitrary and illegal. 3. The petitioner is the lessee of the shop bearing Door No.42-1-12 of 19th Ward, Palakol Municipality, West Godavari District, belonging to the 2nd respondent-Sri Ksheera Ramalingeswara Swamy Temple, Palakol, West Godavari District. The lease expired by 31.5.2005 and the same was not extended thereafter. Through Ex.A-2 notice dated 11.2.2008, the petitioner was called upon to vacate the premises. On failure to do so, the 2nd respondent temple approached the 1st respondent-Assistant Commissioner of Endowments, Eluru, to take steps for eviction of the petitioner. Thereupon, the 1st respondent submitted proposals under Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) before the A.P. Endowments Tribunal, Hyderabad, by way of O.A.No.2361 of 2010 (old No.140 of 2008 of D.C., Kakinada) for eviction of the petitioner. However, the petitioner did not adduce any evidence before the Tribunal. The Tribunal considered the said proposal in the light of the evidence adduced on behalf of respondent Nos.1 and 2, and allowed the O.A. by order dated 28.2.2011 directing the petitioner to vacate and handover the subject premises within one month under written intimation to respondent Nos.1 and 2. Aggrieved by the same, the petitioner has filed the present writ petition for the aforesaid relief. 4. The petitioner does not dispute that the lease expired by 31.5.2005 and by virtue of the operation of law, the petitioner became an encroacher. The Tribunal, therefore, rightly ordered eviction and hence, the impugned order cannot be found fault with. 5. In the circumstances, the only grievance presented by the petitioner before this Court is that the time granted by the Tribunal is too short. The learned counsel for the petitioner submits that the petitioner is a Cooperative Society and running cloth business in the subject premises. Therefore, having regard to the nature of the business, it is difficult for the petitioner to secure an alternative premises within the short time granted by the Tribunal. The learned counsel, therefore, seeks atleast three months time to vacate the subject premises and to that extent he seeks modification of the impugned order passed by the Tribunal. 6. It is true that the Tribunal has granted one month time to vacate the subject premises. Having regard to the nature of the business run by the petitioner, in the interest of justice, I am of the opinion that the petitioner requires atleast three months time to secure alternate accommodation and to that extent the impugned order can be modified. 7. Learned counsel for the petitioner also submits that the petitioner has approached respondent Nos.1 and 2 seeking to continue the lease on certain terms. This Court cannot entertain the said plea in this writ petition. The petitioner is at liberty to pursue the same before the appropriate authority. 8. Sri V.T.M. Prasad, learned Standing Counsel for respondent No.2 submits that the petitioner is in arrears of payment of the lease amount and without paying the said amount, the petitioner cannot be directed to be continued in the subject premises. Learned counsel for the petitioner concedes that there are some arrears and the petitioner is prepared to clear all the arrears within one month from today. 9. In the circumstances, the following order is passed: (i) The time granted pursuant to the impugned order in O.A.No.2361 of 2010, dated 28.2.2011, to vacate the subject premises is extended till 31.8.2011 and it shall deliver vacant possession on or before the said date; (ii) The petitioner shall pay all the arrears till date within a period of one month from today; (iii) The petitioner shall file an undertaking before the 2nd respondent temple incorporating the above two clauses within two weeks from today; and (iv) If the petitioner defaults in any one of the above conditions, respondent Nos.1 and 2 are at liberty to evict the petitioner from the subject premises as per the directions of the Tribunal. 10. Subject to the above, the writ petition is dismissed. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 06.06.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14497 of 2011 06.06.2011 (Msr)