ORDER : The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “….. to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the Notice dt. 23.10.2024 issued by the 6 th respondent U/s 83(2) of A.P. Charitable Hindu Religious Institutions and Endowments Act, 1987 as illegal, arbitrary, without jurisdiction and violative of Article 21 of Constitution of India and consequently direct the respondents not to change the entries in ROR in relation to 1 st petitioner property in Sy.No.211-2 to an extent of Ac.2.23 cents situated in Nimmalakunta Village, H/o Pothulanagelapalli Villag Fields bounded East: Road towards Puttaparthi, South: Housing Corporation limited, west: Land in Sy.No.211, North: Madapuram Road (60 feet road), Dharmavaram Mandal, Sri Satya Sai District….” 2. Brief facts of the case are that the 1 st petitioner is the absolute owner and possessor of agriculture land in Survey No.211-2 to an extent of Ac.2.23 cents situated in Nimmalakunta Village, Pothulanagelapalli village fields (for short “subject property”) vide DAR Dis.No.13/1414, dated 16.07.2004. The father of the 2 nd petitioner constructed a small temple “Sri Veeranjaneya Swamy Devasthanam” in the year 1970 at Medapuram Cross, Nimmalakunta Village, Dharmavaram Mandal, Sri Satya Sai District and the same was maintained by him during his life time. After the death of 2 nd petitioner?s father, the 2 nd petitioner is managing the affairs and activities of the temple. While things stood thus, the 7 th respondent tried to interfere with the enjoyment and possession of the lands of the 2 nd petitioner. Hence, the 2 nd petitioner filed W.P.No.41145 of 2018 challenging the open auction for selling of coconuts and pooja material and also for supply of utilities and lighting decoration on lease basis on 16.11.2018 by the 7 th respondent without procedure contemplated under the law without publishing the temple in the list of charitable and religious institutions and endowments and the same is pending. While things stood thus, the 6 th respondent issued notice to the petitioner under Section 83 (2) of Act 30/87, dated 23.10.2024 asking to explain within seven days from the date of notice, why action should not be treated against him as an encroacher under Section 83 of Act 30/87; failing which, appropriate action will be taken as per the provisions of Section 83 of Andhra Pradesh Charitable and Religious Institutions and Endowments Act (Act 30/87). The 2 nd petitioner issued reply dated 16.10.2024 to the impugned notice dated 23.10.2024 duly stating that the impugned notice is not in proper form and is with improper details and he is not an encroacher under Section 83 of the Act 30/87. Aggrieved by the action of the 6 th respondent in issuing notice dated 23.10.2024, the present writ petition has been filed. 3. Heard Mr.O.Uday Kumar, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments, for respondent Nos.1 to 4 as well as learned Assistant Government Pleader for Revenue appearing for respondent No.5. 4. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, the 2 nd petitioner renovated the temple by selling his properties and living his life looking after the affairs of the temple. He further submits that, in the year 1993 “Nagalakatta” was built by the 2 nd petitioner in the temple premises and after renovation, the 2 nd petitioner started to conduct “Annadanam” every second Saturday of the month and performing festivals every year as “Uttlaparusha”. He further submits that the 2 nd petitioner looking after the shrines of his parents and affairs of the temple, which is situated at Medapuram Crooss, Nimmalakunta Village, Dharmavaram Mandal, Sri Satya Sai district. He further submits that the petitioners are in continuous possession and enjoyment of the land vide D-Form land duly raising the various crops in one Acre portion land from time to time without any interference from anyone. He further submits that the issuance of impugned notice is violative of Article 21 of Constitution of India, in as much as it deprives the personal liberty of the 1 st petitioner and there is no jurisdiction or authority vested with 6 th respondent in issuing the impugned notice. He further submits that the issuance of impugned notice is violative of Article 21 of Constitution of India, in as much as it deprives the personal liberty of the 1 st petitioner and there is no jurisdiction or authority vested with 6 th respondent in issuing the impugned notice. He further submits that if the petitioners were dispossessed from the possession on the strength of present impugned notice without following due process of law, it will cause irreparable loss to the petitioners. Therefore, learned counsel requests this Court to pass appropriate orders. 5. Per Contra, learned Assistant Government Pleader furnished a copy of proceedings vide Rc.No.381/2024, dated 03.12.2024 and submitted that, as per RSR of Pothulanagepalli village, the land in Survey No.211 in an extent of Ac.19.15 cents is classified as Inam Dry stands in the name of “Kothakota Sri Anjaneya Swamy Noukari Nimitham”. He further submits that the land in Survey No.211-2 to an extent of Ac.2.23 cents was not assigned to anybody and not entered in Weblandadangal. No pattadar passbooks were issued to anyone. But the 2 nd petitioner is residing in the subject property by erecting shed. Hence, the 6 th respondent issued notice under Section 83(2) of Act 30/87 stating that the 2 nd petitioner is continuing in occupation of schedule property, without having any valid right to continue in possession of subject property. Therefore, learned Assistant Government Pleader prays to dismiss the writ petition. 6. Perused the record. 7. On a perusal of the material on record, this Court observed that, the 6 th respondent has issued notice to the 2 nd petitioner under Section 83 (2) of Act 30/87, dated 23.10.2024 stating that the 2 nd petitioner is encroacher of the subject property and directed to explain within seven days, why the 2 nd petitioner should not be treated as an encroacher under Section 83 (2) of Act 30/87 and shall not be removed from occupation of the said property. If there is no explanation, the petitioner was directed to vacate the premises of subject property within seven days and handover the vacant possession of the same to the Executive Authority of the subject institution. If there is no explanation, the petitioner was directed to vacate the premises of subject property within seven days and handover the vacant possession of the same to the Executive Authority of the subject institution. In case of failure on your part to submit explanation within the stipulated time, or to vacate the scheduled premises, in case there is no explanation, appropriate action will be taken against the 2 nd petitioner as per the provisions of Section 83 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (Act 30/87). 8. It is pertinent to mention here that, as per the Section 83 in The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 reads as follows: “83. Encroachments by persons on land or building belonging to charitable or religious institution or endowment and the evidence of encroachers. 1) Where the Assistant Commissioner having jurisdiction, either suo motu or upon a complaint made by the trustee has reason to believe that any person has encroached upon (hereinafter in this Chapter referred to as encroacher') any land, building, tank, well, spring or water-course or any space belonging to the institution or endowment, wherever situated or deemed as an encroacher under any of the provisions of this Act, the Assistant Commissioner shall report the fact together with relevant particulars to the [Endowments Tribunal] [ Substituted 'Deputy Commissioner' by Act No. 33 of 2007, dated 11.12.2007.] having jurisdiction over the division in which the institution or endowment is situated. Explanation. - For the purpose of this Chapter the expression encroacher' shall mean any person who unauthorisedly occupy any land or building or space and deemed to include any person who is in occupation of the land or building or space without the approval of the competent authority sanctioning lease or mortgage, or licence and also a person who continues to remain in the land or building or space after the expiry or termination or cancellation of the lease, mortgage or licence in respect thereof granted to him or it. 2) Where, on a perusal of the report received by him under sub- section (1), the [Endowments Tribunal] [ Substituted 'Deputy Commissioner' by Act No. 33 of 2007, dated 11.12.2007.] finds that there is a prima facie case of encroachment, [it] [ Substituted 'he' by Act No. 33 of 2007, dated 11.12.2007.] shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling on him to show cause before a certain date why an order requiring him to remove the encroachment before the date specified in the notice should not be made. A copy of the notice shall also be sent to the trustee of the institution or endowment concerned. 3) The notice referred to in sub-section (2) shall be served in such manner as may be prescribed. 4) Where after considering the objections, if any, of the encroacher received during the period specified in the notice referred to in sub- section (2) and after conducting such enquiry as may be prescribed, the [Endowments Tribunal] [ Substituted 'Deputy Commissioner' by Act No. 33 of 2007, dated 11.12.2007.] is satisfied that there has been an encroachment, [it] [ Substituted 'he' by Act No. 33 of 2007, dated 11.12.2007.] may, by order, require the encroacher to remove the encroachment and deliver possession of the land or building or space encroached upon to the trustee before the date specified in such order. 5) The order of the [Endowments Tribunal] [ Substituted 'Deputy Commissioner' by Act No. 33 of 2007, dated 11.12.2007.] under sub-section (4) shall be in writing and shall contain the grounds on which he has passed the order. 6) During the pendency of the proceedings, the [Endowments Tribunal] [Substituted 'Deputy Commissioner' by Act No. 33 of 2007, dated 11.12.2007.] shall order the encroacher to deposit such amount as may be specified by [it] [ Substituted 'him' by Act No. 33 of 2007, dated 11.12.2007.] in consideration of the use and occupation of the properties in question in the manner prescribed.” 9. Section 87 of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short „the Endowments Act”), which reproduced hereunder: 1) The Endowments Tribunal having jurisdiction shall have the power, after giving notice in the prescribed manner to the person concerned, to enquire into and decide any dispute as to the question. Section 87 of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short „the Endowments Act”), which reproduced hereunder: 1) The Endowments Tribunal having jurisdiction shall have the power, after giving notice in the prescribed manner to the person concerned, to enquire into and decide any dispute as to the question. a) whether an institution or endowment is a charitable institution or endowment; b) whether an institution or endowment is a religious institution or endowment; c) whether any property is an endowment, if so whether it is a charitable endowment or a religious endowment; d) whether any property is a specific endowment; e) whether any person is entitled by custom or otherwise to any honor, 'emoluments or perquisites in any charitable or religious institution or endowment and what the established usage of such institution or endowment is in regard to any other matter; f) whether any institution or endowment is wholly or partly of a secular or religious character and whether any property is given wholly or partly for secular or religious uses; or g) where any property or money has been given for the support of an institution or endowment which is partly of a secular character and partly of a religious character or the performance of any service or charity connected with such institution or endowment or the performance of a charity which is partly of a secular character and partly of a religious character or where any property or money given is appropriated partly to secular uses and partly to religious uses, as to what portion of such property or money shall be allocated to secular or religious uses; h) whether a person is a founder or a member from the family of the founder of an Institution or Endowment. 2) The Endowments Tribunal may, pending its decision under subsection (1), pass such order as it deems fit for the administration of the property or custody of the money belonging to the institution or endowment. 3) The Endowments Tribunal may while recording its decision under subsection (1) and pending implementation of such decision, pass such interim order as it may deem fit for safeguarding the interest of the institution or endowment and for preventing damage to or loss or misappropriation or criminal breach of trust in respect of the properties or moneys belonging to or in the possession of the institution or endowment. 4) The presumption in respect of matters covered by Clauses (a), (b), (c), (d) and (e) in sub-section (1) is that the institution or the endowment is a public one and that the burden of proof in all such cases shall lie on the person claiming the institution or the endowment to be private or the property or money to be other than that of a religious endowment or specific endowment, as the case may be. 5) Notwithstanding anything contained in the above sub sections the Deputy Commissioner having jurisdiction shall continue to enquire into and decide the disputes referred to in sub-section (1) until the constitution of the Endowments Tribunal. 10. Section 88 of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 the Right of appeal against the decision of the Endowments Tribunal under Section 87. [Substituted by Act No. 33 of 2007, dated 11.12.2007.] “Any person aggrieved by the decision of the Endowments Tribunal under Section 87 and Section 119 may, within ninety days from the date of receipt of the decision prefer an appeal to the High Court.” 11. The scope of Article 226 of the Constitution of India is reproduced hereunder: 1) Notwithstanding anything in article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warrantor and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. [(1-A) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories."; was inserted after 15th Amendment] 2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the scat of such Government or authority or the residence of such person is not within those territories. 3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without— a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated. 4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2)of article 32. 12. Section 83 of the Endowments Act deals with eviction of encroachment, which reproduced hereunder: “83. 4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2)of article 32. 12. Section 83 of the Endowments Act deals with eviction of encroachment, which reproduced hereunder: “83. Encroachment of land, building, or any property belonging to a charitable or religious institution or endowment and the eviction of encroacher:- 1. Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, the encroachment of land, building, or any property of a charitable or religious institution or endowment is prohibited. 2. The Executive Officer of the Charitable or Religious Institution or Endowment or the Assistant Commissioner or any authority higher in rank thereof, shall, by notice, require the encroacher to remove the encroachment as hereinafter provided: Provided that the encroacher shall be entitled to submit reply/ explanation to such notice within one week from the date of receipt of such notice, which shall be duly considered and appropriate orders thereon shall be passed:- a) Either withdrawing the notice issued and dropping further proceedings; or b) Affirming the notice and duly stipulating the time within which such encroachment shall be removed 3. If the encroacher fails to remove the encroachment within such stipulated period, the authority who issued the notice shall remove the encroachment with police assistance, if necessary and recover the cost of removal from the encroacher. 4. For the purpose of securing police assistance, the authority concerned shall approach the jurisdictional Superintendent of Police/ Commissioner of Police who shall thereupon provide such police assistance as is deemed necessary for the removal of encroachment. 5. Any act of encroachment including the attempt to encroach shall be a cognizable offence, non-bailable and triable as a warrant case, in accordance with the provisions of Code of Criminal Procedure, 1973, punishable with imprisonment for a term which shall not be less than three years but which may extend to eight years and with fine which may extend to Rupees one lakh. ........” 13. And also 84 of the Endowments Act provides mode of eviction on failure of removal of the encroachments as directed by the Endowments Tribunal. [Substituted by Act No. 33 of 2007, dated 11.12.2007.] 1. ........” 13. And also 84 of the Endowments Act provides mode of eviction on failure of removal of the encroachments as directed by the Endowments Tribunal. [Substituted by Act No. 33 of 2007, dated 11.12.2007.] 1. Where within the period specified in the order under sub-section (4) of Section 83, the encroacher has not removed the encroachment and has not vacated the land, building or space, the Assistant Commissioner having jurisdiction over the sub-division may remove the encroachment and obtain possession of the land, building or space, encroached upon, taking such police assistance as may be necessary. Any Police Officer whose help is required for this purpose shall be required to render the necessary help to the Assistant Commissioner. 2. Nothing in sub-section (1) shall prevent any person aggrieved by any order of the Endowments Tribunal under sub-section (4) of Section 83 from preferring an appeal before the High Court to establish that the Charitable and religious Institution or Endowment has no title to the land, building or space Provided that no appeal shall be preferred after expiry of ninety days from the date of receipt of the order under sub-section (4) of Section 83: Provided further that no such appeal shall be preferred by a person who is let in to the possession of land, building or space, or who is a lessee, licensee or mortgagee of Institution or Endowment.] 14. As could be seen from the material available on record and also considering the submissions of both the counsel, it appears that there is a serious dispute involved in between the petitioner and 4 th respondent with regard to title over the subject land. The petitioner has not chosen to approach Endowments Tribunal for redressal of his grievance, where similar matters are being pending therein. Since the 4 th respondent is claiming the subject land as their land, the issue falls within the jurisdiction of the Endowments Tribunal as per the „Endowments Act?. An appeal lies against the Award passed by the "Endowments Tribunal? under Article 226 of the Constitution of India. Therefore, the relief sought by the petitioner in the instant case is not comes under purview of under Article 226 of the Constitution of India, therefore, this writ petition is not maintainable. 15. An appeal lies against the Award passed by the "Endowments Tribunal? under Article 226 of the Constitution of India. Therefore, the relief sought by the petitioner in the instant case is not comes under purview of under Article 226 of the Constitution of India, therefore, this writ petition is not maintainable. 15. Therefore, it is suffice it, to issue a direction to the petitioner to approach learned Endowments Tribunal for redressal of his grievance in accordance with law, within four (04) weeks from the date of receipt of a copy of this order. On such submission, the learned Endowments Tribunal is directed to protect the interest of the petitioner till disposal of Interlocutory Application filed by the petitioners in O.A. The respondents are directed not to take any coercive steps against the petitioner in respect of the subject land till then. 16. With the above direction, the Writ Petition is disposed of. No costs. 17. As a sequel, miscellaneous applications pending, if any, shall stand closed.