KATARI SEETHA RAMA RAJU Vs. RANGANADHA SWAMY TEMPLE

JUDGEMENT

(1.) This Civil miscellaneous appeal is preferred against the order of A.P.Endowments Tribunal in O.A.No.01 of 2006, dated 30.05.2019.

(2.) The appellant is the second respondent, the first respondent is the petitioner and whereas the second respondent is the first respondent in O.A.No.01 of 2006 on the file of the A.P. Endowments Tribunal at Pedakakani.

(3.) The first respondent is a public religious temple notified under Section 6 (c) (ii) of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'Act 30 of 1987'). This temple has several properties including the disputed dry land covering an extent of Ac.1.821/2 cents in S.No.63/1 at Gudilova Village, Anandapuram Mandal, Visakhapatnam District. It was stated in the application by the first respondent-temple, filed under Section 83 (1) of Act 30 of 1987, that the appellant had encroached upon the above land and being in illegal occupation, has been running a brick industry there, without approval from any competent authority. Thus, it was claimed that there has been a change in the use of the land adversely affecting its fertility. Claiming further that the appellant failed to pay damages, which would have brought otherwise, not less than Rs.25,000/- per annum, the above application was presented, requiring eviction of the appellant there from.