The Founder And Chairman vs State Of Ap
2023 Latest Caselaw 4274 AP

  IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
      THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
                 WRIT PETITION No.5175 OF 2020
The Founder and Chairman, M/s. Sweekaar
Rehabilitation, Institute for Handicapped,
Secunderabad at Putlampalli, Kadapa
Mandal, represented by GPA Holder,
Ch.Sridhar, S/o Ch.Venkata Sattaiah, Aged
about 36 years, R/o S.No.104 GF, Santhosh
Nilayam, Sri Sai Enclave, Old Bowenpally,
Secunderabad.
                                                            ... Petitioner
Versus

1. The State of Andhra Pradesh, represented
by   its   Principal   Secretary,  Revenue
Department,       Secretariat     Buildings,
Velagapudi, Amaravathi - 522 237, Andhra
Pradesh and three other.
                                                           ... Respondents
Counsel for the petitioner : Sri K.V.Simhadri, learned Senior
                             Counsel, Rep. by Smt.M. Manikya
                             Veena, learned counsel
Counsel for respondent
Nos.1 to 4                 : GP for Revenue

                                 ORDER

The present writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:

"... to issue writ, order or direction more particularly one in the nature of Writ of Mandamus directing the action of 2nd respondent in issuing the order vide proceedings R.Dis.(E1)569/2005, dated 16.02.2020 instructing the 4th respondent to take over the possession of the lands from

SRS, J W.P.No.5175 of 2020

the petitioner institute and make necessary entries in the revenue records for violation of G.O.Ms.No.57, Revenue (Assn-I) Department, dated 16.02.2015 of Government of Andhra Pradesh and BSO 24(6)(2), as being unsustainable in law, illegal and violation of the Article 14 of the Constitution of India; consequently, direct the respondent Nos.2 to 4 not to resume the 9 acres of land from the petitioner institute as indicated in the proceedings dated 16.02.2020 of the 2nd respondent forthwith and pass such other order or further orders..."

2. Averments in affidavit, in brief, are that the founder and

chairman of petitioner-institute started Academy of

Rehabilitation Sciences under the name and style of "Sweekaar"

at Secunderabad in the year 1977, in order to serve all the age

group of disabled persons. Petitioner-institute was accredited as

"C" Grade Institute by NAAC. Petitioner made application to the

Government of Andhra Pradesh, for alienation of the

Government land for establishment of Sweekaar Rehabilitation

Centre and training courses in Kadapa. The Government of

Andhra Pradesh alienated an extent of Ac.1.17 cents in

Sy.No.163/7; Ac.0.58 cents in Sy.No.202/1; Ac.3.52 cents in

Sy.No.202/2; Ac.3.43 cents in Sy.No.203/1; Ac.1.30 cents in

Sy.No.203/2, totalling an extent of Ac.10.00 cents in Putlampalli

Village, Kadapa District, on payment of Rs.50,000/- per acre,

subject to the usual terms and conditions laid down as per

SRS, J W.P.No.5175 of 2020

Order 24 of the Board of Revenue Standing Orders, vide

G.O.Ms.No.1405, Revenue (ASN.IV) Department, dated

03.11.2007, in the name of "Founder and Chairman, Upkaar

and Sweekaar, Secunderabad". Later the nomenclature was

changed as "Sweekaar Rehabilitation Institute for Handicapped"

vide G.O.Ms.No.432, Revenue (Assn.IV) Department, dated

05.03.2009.

(a) Petitioner had spent huge amount to level the land.

The entire extent of Ac.10.00 cents was fenced with cement

poles and barbed wires. Two bore wells were dug. Three rooms

for servant, security and stores were constructed. Separate

transformers were erected, and more than 2,500 saplings were

planted with fencing. Playground for students was formed and a

building was constructed covering 10,000 Square feet area.

Petitioner-institute was affiliated to Yogi Vemana University and

invested an amount of Rs.18 lakh as deposit to start courses.

Petitioner-institute also brought 121 highly qualified

Rehabilitation Professionals. For 14 years, petitioner-institute

was running in Kadapa.

(b) Respondent No.2 issued notice vide

Ref.No.E1/569/2005, dated 27.11.2019, to the petitioner-

SRS, J W.P.No.5175 of 2020

institute, indicating violation of conditions as per Order 24 of

the Board of Revenue Standing Orders. Petitioner submitted

explanation on 30.12.2019. However, without considering the

explanation, respondent No.2 issued proceedings vide

R.Dis.(E1)569/2005, dated 16.02.2020 in exercise of powers

conferred under G.O.Ms.No.57, Revenue (Assn..I) Dept., dated

16.02.2015, to resume the land of an extent of Ac.1.17 cents in

Sy.No.163/7; Ac.0.58 cents in Sy.No.202/1; Ac.2.69 cents in

Sy.No.202/2; Ac.3.36 cents in Sy.No.203/1; Ac.1.20 cents in

Sy.No.203/2, totalling an extent of Ac.9.00 cents in Putlampalli

Village, Kadapa District, for utilizing the same for public

purpose, leaving an extent of Ac.1.00 cents for petitioner-

institute. The proceedings are in violation of order 24(6)(2) of the

Board of Revenue Standing Orders. Aggrieved by the same,

petitioner-institute filed the above writ petition.

3. Respondent No.2 filed counter affidavit. It was contended

inter-alia, that the Government of Andhra Pradesh has issued

instructions to inspect all the Government lands which were

alienated to the various institutions and resume the allotted

lands, in case of violation of alienation conditions. During the

inspection in Kadapa Mandal, it was noticed by the revenue

officials that an extent of Ac.9.65 cents, out of Ac.10.00 cents in

SRS, J W.P.No.5175 of 2020

Sy.Nos.163/7, 202/1, 202/2, 203/1 and 203/2 of Putlampalli

Village, Kadapa Mandal, which was alienated to "Sweekaar

Rehabilitation Institute for Handicapped" is kept vacant without

any utilization, even after lapse of 12 years from the date of

alienation. Institute occupied Ac.0.35 cents in Sy.No.202/2, by

constructing a small building consists with two bathrooms. The

land was fenced with cement poles without barbed wire and

open on all sides.

(a) It was further noticed by the revenue officials that

since several years, no classes were conducting in the petitioner-

institution, as the Rehabilitation Council of India has not given

permission, due to non-availability of required equipments for

conducting classes. Hence, an extent of Ac.1.00 cents, out of

Ac.10.00 cents is enough to run the petitioner-institute.

(b) Thus, the Revenue Divisional Officer, Kadapa vide

Ref.No.E/565/2006, dated 20.11.2019 submitted a report to the

District Collector, Y.S.R. District, for resumption of remaining

unutilized alienated land of an extent of Ac.9.00 cents. Notice

was issued to the petitioner-institute. The explanation offered by

the Founder and Chairman of petitioner-institute was not

satisfactory, hence, respondent No.2 by proceedings in

SRS, J W.P.No.5175 of 2020

R.Dis.(E1)569/2005, dated 16.02.2020, resumed the unutilized

alienated land of an extent of Ac.9.00 cents in Putlampalli

Village, Kadapa Mandal, for public purpose and directed the

Tahsildar, Kadapa to take over the possession of land from the

petitioner-institute. On 19.02.2020, the then Tahsildar, Kadapa,

took over the possession of land under the cover of panchanama

and made entries in the revenue records. The land of an extent

of Ac.9.00 cents is under the possession of the Government.

Eventually, prayed to dismiss the writ petition.

4. Reply affidavit was filed by the petitioner. It was contended

inter-alia, that in panchanama filed along with counter affidavit,

respondents have mentioned that no building was constructed

in the lands referred supra, whereas, in counter affidavit, they

have stated that there is a small building consists with two

bathrooms were constructed. On 28.09.2020, the Rehabilitation

Council of India conducted inspection and granted No Objection

Certificate to run the college up to the academic year 2023.

5. Heard Sri K.V.Simhadri, learned Senior Counsel

representing Smt.M.Manikya Veena, learned counsel for the

petitioner and Sri Sasidhar Reddy, learned Assistant

SRS, J W.P.No.5175 of 2020

Government Pleader attached to Office of the Advocate General

appearing for the respondents.

6. Learned Senior Counsel appearing for the petitioner would

contend that the land referred to supra, was alienated in favour

of petitioner for a valuable consideration by the Government for

establishment of petitioner-institution. Later institution was

established. Students are prosecuting the course. Petitioner did

not violate Order 24 of Andhra Pradesh Board of Revenue

Standing Orders (for short "B.S.O.24") and hence, the

proceedings issued by the District Collector, is liable to be set

aside. Learned counsel would further submit that officials of

Rehabilitation Council of India have been inspecting the

institution periodically. Petitioner-institution is also conducting

Bachelor of Science in Speech Language & Pathology (4 year

course). Petitioner-institution is rendering service to the disabled

persons and students will be allotted to the institution by

Rehabilitation Council of India.

7. Learned Assistant Government Pleader, per contra, would

contend that out of allotted land of an extent of Ac.10.00 cents,

Ac.0.35 cents have been utilized by the petitioner-institution

and Ac.9.65 cents have not been utilized by the institution even

SRS, J W.P.No.5175 of 2020

after lapse of 12 years. Since, the conditions of grant have been

violated, show-cause notice dated 27.11.2019, was issued

calling upon the petitioner to submit explanation within 15

days. Founder Chairman issued reply notice dated 30.12.2019.

In reply notice, it was specifically contended that the General

Body resolved with Ac.0.35 cents, the aim of institution will not

be accomplished and hence, they thought of surrendering entire

Ac.10.00 cents with buildings and furnishings. The District

Collector after careful consideration of the explanation

submitted, directed the Tahsildar, Kadapa, to resume Ac.9.00

cents, out of Ac.10.00 cents allotted to the petitioner. The

Tahsildar, Kadapa resumed land of an extent of Ac.9.00 cents

under panchanama dated 29.11.2019. Thus, prayed to dismiss

the writ petition.

8. Point for considerations are:

(1) "Whether the respondent No.2 exceeded its jurisdiction and passed orders impugned?

(2) Whether the respondent No.2 failed to consider the explanation submitted by the petitioner properly?"

9. As seen from the pleadings and material papers filed along

with the writ petition and counter affidavit, there is no dispute

SRS, J W.P.No.5175 of 2020

that the Government alienated an extent of Ac.1.17 cents in

Sy.No.163/7; Ac.0.58 cents in Sy.No.202/1; Ac.3.52 cents in

Sy.No.202/2; Ac.3.43 cents in Sy.No.203/1; Ac.1.30 cents in

Sy.No.203/2, totalling an extent of Ac.10.00 cents in Putlampalli

Village, Kadapa District in favour of Founder and Chairman,

Upkaar and Sweekaar, Secunderabad, for establishment of

institution, on payment of Rs 50,000/- per acre. Accordingly,

G.O.Ms.No.1405, Revenue (ASN.IV) Department, dated

03.11.2007, was issued. As seen from the Government Order,

the Collector, Kadapa District has recommended the proposal

for alienation on payment of market value of Rs.20,00,000/- per

acre. The Chief Commissioner of Land Administration,

Hyderabad has also recommended the proposals of the

Collector, Kadapa on payment of market value @ Rs.20,00,000/-

per acre. The Finance Department also agreed with the

proposals of the Department.

10. However, the Government after careful examination and

also by considering that the applicant's society being a service

oriented organization, exclusively dealing with the welfare and

development of disabled children, accorded sanction of

alienation of Ac.10.00 cents in the above survey numbers @

nominal cost of Rs.50,000/- per acre, subject to the usual terms

SRS, J W.P.No.5175 of 2020

and conditions as laid down in B.S.O.24. Possession of land was

handed over on 21.11.2007.

11. Later, Government issued orders vide G.O.Ms.No.432,

Revenue (Assn.IV) Department, dated 05.03.2009, by changing

the nomenclature of name of the institution as "Sweekaar

Rehabilitation Institute for Handicapped", instead of Founder

and Chairman, Upkaar and Swekaar, Secunderabad. In view of

change in the name of institution, Revised Possession Handing

Over Certificate was issued by the Tahsildar, Kadapa on

01.06.2009.

12. The Registrar, Sri Venkateswara University by proceedings

dated 08.11.2005, granted temporary conditional affiliation to

Sweekar Degree College of Audiology, Speech and Language

Pathology, Government Head Quarters Hospital, Kadapa (Urban

Co-Education), under the management of Sweekar

Rehabilitation Institute for Handicapped, Upkaar Circle,

Secunderabad, for B.Sc., Audiology, Speech and Language

Pathology (ASLP) EM with 20 seats. Rehabilitation Council of

India by proceedings dated 22.11.2005, issued certificate of

approval for academic session 2005-2006, subject to condition

that the R.C.I. standard syllabus and nomenclature should be

SRS, J W.P.No.5175 of 2020

followed and facilitates in the training institute also to be

maintained in accordance with norms prescribed by R.C.I from

time to time.

13. Government of Andhra Pradesh Department for Disabled

and Welfare & Senior Citizens accorded permission for starting

B.Ed. (MR) Course at Tandur, Guntur, Kadapa branches for the

academic year 2009-2010. Yogi Vemana University, Kadapa,

Andhra Pradesh (College Development Council) granted

temporary affiliation for Under Graduate courses for the

academic year 2014-2015, for B.Sc Audiology, Speech and

Language Pathology (ASLP) (4 year Degree course) on

27.12.2014, with certain conditions.

14. The Government of Andhra Pradesh issued G.O.Ms.57

Revenue (Assn.I) Department dated 16.02.2015. As per Clause 6

(ii) of G.O., one of the condition is that in case of violation of

conditions as well as for non-utilization of land, the District

Collector of the District concerned would be the authority to

cancel and resume the land from the allottee, on the ground of

violation of condition for non-utilization of allotted land in favour

of private individuals/private organizations/Government

SRS, J W.P.No.5175 of 2020

Departments. The Government Order 57, dated 16.02.2015,

would apply to all previous allotments made.

15. As seen from the show-cause notice dated 27.11.2019, the

Revenue Divisional Officer, Kadapa reported to the District

Collector that during his inspection along with the Tahsildar,

Kadapa, he observed that the land alienated in favour of the

petitioner-institution, was not fully utilized and the institution is

utilizing only Ac.0.35 cents in Sy.No.202/2, by erecting a small

building and two bathrooms with access to that building. The

remaining extent of Ac.9.65 cents is vacant, without any

utilization even after lapse of 12 years. The building is existed in

Ac.0.25 cents, toilets block in Ac.0.02 cents and rastha in

Ac.0.08 cents, totalling Ac.0.35 cents.

16. The explanation submitted by the petitioner plays vital role

in the case at hand. In the explanation submitted to the show-

cause notice, it was pleaded about the allotment and the

expenses incurred for levelling, fencing, bore wells, transformer,

etc. It was further contended that in the year 2009, petitioner

moved to new site, after construction of 10,000 Sq. feet area,

provided furniture, equipment, library, sound proof room etc.,

from the Old Government Hospital. After moving to new land

SRS, J W.P.No.5175 of 2020

from the Old Government Hospital, patients were not going to

the new place because of long distance and lack of transport. To

meet the challenge, petitioner-institution hired two apartments,

3 BHK for seven years and has been rendering service within the

city. The explanation further discloses that General Body

resolved that Ac.0.35 cents will not be sufficient to accomplish

their dream and hence they thought of surrendering the entire

Ac.10.00 cents with buildings and furnishings. It was further

pleaded that to extend the financial support of Rs.7 crores to

bail out Sweekaar from the present crises. Thus, as seen from

the explanation, no activity is being conducted in the place

alienated in favour of the petitioner.

17. The Principal, Sweekaar Academy of Rehabilitation

Sciences addressed a letter dated 26.09.2018, to the Registrar,

Yogivemana University, Kadapa requesting to issue No Objection

Certificate for withdrawal of corpus fund. The said letter

discloses that the petitioner institute is offering B.Sc. ASLP in

Sweekar Degree College, Kadapa from the academic year 2005-

2006; however, they have discontinued admissions from the

academic year 2016-2017, due to financial problems. All the

students at Kadapa Campus completed the course. In case of

SRS, J W.P.No.5175 of 2020

any back log students, they shall be taken care of by the

Sweekaar Academy of Rehabilitation Sciences at Secunderabad.

18. Thus, as seen from the letter dated 26.09.2018, it would

portray that petitioner is not imparting education in ASLP

course. Thereby, petitioner is not utilizing the land Ac.10.00

cents. In fact, as seen from the explanation, petitioner hired two

apartments, 3 BHK for seven years and has been rendering

services within the city, since nobody is coming forward to the

place allotted to the petitioner, where 10,000 Sq. feet building

was constructed.

19. Though, learned Senior Counsel would contend that the

education being imparting by the petitioner is special in nature,

as seen from the material on record, petitioner sought for NOC

from Yogi Vemana University not to continue the course. No

material is placed before the Court to substantiate the

contention that petitioner is imparting education to the specially

challenged students in Ac.10.00 cents area alienated by the

Government.

20. It is relevant to mention here that B.S.O.24 deals with

placing State land at the disposal of a person, an institution or a

local body and exemption from land revenue and Clause (1)

SRS, J W.P.No.5175 of 2020

deals with placing state land at the disposal of a person, an

institution or a local body.

21. 24 (6) (ii) of Andhra Pradesh Board of Revenue Standing

Orders relevant is extracted hereunder:

"The Government may resume the land wholly or in part with any building thereon, in the event of the infringements of any of the conditions of the grant. In the event of such resumption no compensation shall be payable for any improvements that may have been effected, or other works that may have been executed on the land by the grantee and the grantee shall not be entitled to the repayment of any amount that may have been paid to the Government for the grant. If there are buildings on the land the Government may direct the grantee to remove them."

22. Learned Government Pleader placed reliance upon the

judgment of Aman Semi-Conductors (Pvt.) Ltd., v. Haryana

State Industrial Development Corporation Limited 1. The

Hon'ble Apex Court, observed as under:

Para No.22 : The idea behind development of industrial plots and allotting them to deserving applicants is to act as a catalyst to promote economic growth; this aspect was underlined in Hari Om in the following manner, while describing functions of HSIDC:

4. ....Its Principal function is allotment of industrial plots belonging to the State of Haryana. It was

2023 SCC Online SC 195

SRS, J W.P.No.5175 of 2020

set up as a catalyst for promoting economic growth and accelerating the pace of industrialization. It not only provides financial assistance to the industrial concerns by way of term loans; it also develops infrastructure for setting up of industrial units. The Corporation also invests money in developing the industrial estates at strategic locations. In exercise of its functions, it also allots industrial plots to entrepreneurs for setting up their industries on "no profit no loss" basis. The entrepreneurs, according to the Corporation, must be the deserving ones. For the said purpose, it keeps in mind the principle that allotment of land should not be made to speculators who invest in property for getting high returns on escalation of price."

23. The observation made by the Hon'ble Apex Court was in

connection with development and industrial plots. The

expression of the Apex Court cannot be equated with the present

situation i.e. imparting education to mentally disabled persons.

However, this Court shall not be oblivious of the fact that

petitioner is using a small extent as indicated supra. Utilisation,

as seen from the material on record, is construction of a small

structure with 10,000 Sq. feet, two bath rooms and the passage

to reach the building.

24. This Court while exercising the Judicial Review under

Section 226 of Constitution of India, will not sit in appellate

authority against the decision. But this Court will see any

irregularity or impropriety qua the decision-making process.

SRS, J W.P.No.5175 of 2020

25. As seen from the record, the District Collector, Kadapa

District, the Chief Commissioner of Land Administration,

Hyderabad and the Finance Department, recommended to

alienate the land referred to supra, on payment of market value

of Rs.20,00,000/- per acre. But the Government on a careful

consideration, keeping in view the objects of the society,

exclusively dealing with the welfare and development of disabled

children, accorded sanction for alienation of Ac.10.00 cents in

the above survey numbers @ nominal cost of Rs.50,000/- per

acre, subject to the usual terms and conditions as laid down in

B.S.O.24. The very purpose, for which the land was allotted,

seems, not achieved. In fact, a perusal of letter dated

26.09.2018, would disclose that the petitioner is not imparting

education in ASLP.

26. The District Collector cautiously judged the issue, as seen

from the proceedings, impugned in the writ petition. The District

Collector neither exceeded its jurisdiction nor ignored to

consider the contents in the reply.

27. In view of the discussion supra, this Court does not find

any illegality or irregularity in the decision-making process.

SRS, J W.P.No.5175 of 2020

There are no merits in the writ petition and the writ petition is

liable to be dismissed.

28. Accordingly, the Writ Petition is dismissed. There shall be

no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall

stand dismissed.

________________________________ JUSTICE SUBBA REDDY SATTI Date : 15.09.2023 TVN

SRS, J W.P.No.5175 of 2020

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.5175 OF 2020

Date : 15.09.2023 TVN