Andhra Pradesh High Court - Amravati
J. Christopher, vs Modugula Basavapunna Reddy on 6 September, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010242162024
IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-39
[3443]
AT AMARAVATI
WRIT APPEAL NO: 528 of 2024
J. Christopher, ...Appellant
Vs.
Modugula Basavapunna Reddy and Others ...Respondent(s)
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G. Elisha for A Sreedhar, Advocate(s) for Appellant(s)
Sivaraju Srinivas, GP for School Education, Srinivasa Rao Bodduluri,
Advocate(s) for Respondent(s)
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE NINALA JAYASURYA
DATE : 06th September, 2024.
PER DHIRAJ SINGH THAKUR, CJ:
The present writ appeal under clause 15 of the Letters Patent has been
preferred against the judgment and order dated 13.03.2024 passed in
W.P.No.21226 of 2018.
2. The writ petition came to be filed by the petitioners/respondent Nos.1
and 2 herein, challenging the order dated 29.01.2018, issued by the Office of
the District Collector, Guntur, according permission for re-opening the school
by the name of ABM School, Bapatla with classes from I to V. The Special
Officer and Deputy Educational Officer, ABM School, Bapatla was requested
to take necessary steps for re-opening the said school. The directions were
issued on the basis of representation submitted by the MLA representing
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Bapatla constituency. It appears that the school was earlier closed down
based upon a request made by the Society of STBC, Nellore, on the ground
that the school had become defunct, since the year 2010-2011, due to lack of
strength.
3. The case of the petitioners before the writ Court was that the land over
which the school was being run had been purchased for a sum of
Rs.1,16,35,200/- from the association of Baptist Churches Private Limited,
through a registered deed of sale, as per the resolution and written consent
given by its directors. It is stated that the school was defunct and the building
dilapidated. That the Municipal Council, Bapatla vide its communication dated
27.02.2016, recognizing the dilapidated condition of the said building, based
upon the report of the Executive Engineer, R & B Division, Tenali, who had
certified that the building was dilapidated had directed to repair/demolish, the
said building which was considered as a dangerous building failing which, the
same would be demolished by the Municipal Council at the cost of the Baptist
Church Property Association.
4. Learned counsel for the appellant stated that the appellant before this
Court was the custodian, entrusted with preserving the property of the school
and that the petitioners had no right to challenge the proceedings dated
29.01.2018, which had ordered the re-opening of the school.
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5. With a view to support and buttress the case of the appellant, learned
counsel for the appellant drew our attention to a "Certificate of Soundness"
issued by the R & B Division, Bapatla, which certifies that "American Baptist
Foreign Mission High School, Bapatla, Guntur District running in Madras
Terrace and Mangalore tiled roof, is structurally sound as on 28.08.2018". It
was stated by learned counsel for the appellant that the petitioners were trying
to usurp the property of the school through a Sale Deed, the authenticity of
which was not gone into by the learned single Judge.
6. We have heard learned counsel for the parties.
7. It appears that petitioners claim themselves to be the owners of the
property in question from which premises the school was being run earlier,
ownership is being claimed based on a duly registered Sale Deed. The
registration, it appears, was effected pursuant to certain direction issued by the
writ Court in earlier proceedings.
Whether or not the building is in fit state, to us, appears to be a disputed
question, as can be seen from the "Certificate of Soundness" which is
submitted by the appellant, issued by the Deputy Executive Engineer, (R & B)
Sub-Division, Bapatla dated 28.08.2018 and the communication issued by
Municipal Council, Bapatla dated 27.02.2016.
8. However, one thing is quite clear that the school was not being run from
the premises in question and had been closed down since long.
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9. The appellant claims to be the custodian of the property, however, a
custodian cannot have a right better than the owner of the property, which in
the present case, it is alleged by the petitioners, was the Property Association
of Baptist Churches Private Limited. In case, the said association did not have
any right to sell the property to the petitioners, then the same can still be
challenged in appropriate proceedings before a civil Court.
10. However, we do not find any reason to interfere with the order impugned
passed by the learned single Judge, which merely records the statement made
by the learned counsel for the State, that the school has now been directed to
be made operative from an alternate premises.
11. Be that as it may be, we do not find any merit in the present writ appeal
and is accordingly dismissed. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ.
NINALA JAYASURYA, J.
SSN
