Telangana High Court

University Of Hyderabad vs State Of Telangana And 3 Others on 5 January, 2022

Bench: Shameem Akther

            THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

                    WRIT PETITION No.816 of 2021

ORDER:

This Writ Petition, under Article 226 of the Constitution of India,

is filed by the petitioner, wherein the following prayer is made.

"to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions declaring the action of the Respondents in interfering with the Petitioner's peaceful possession and enjoyment over Ac.18.30 gts. in Sy.No.25/2, Kancha Gachibouli Village, Serilingampally Mandal, Ranga Reddy District, as illegal, arbitrary and violation of Article 14 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the Petitioner's peaceful possession and enjoyment over the said land and pass such other order or orders..."

2. Heard Sri A.Sudarshan Reddy, learned senior counsel appearing

for M/s.Indus Law Firm, learned counsel for the petitioner; Sri

Harender Pershad, learned Special Government Pleader, representing

the Advocate General, for the respondent Nos.1, 3 and 4; Sri

S.Niranjan Reddy, learned senior counsel, appearing on behalf of Sri

Sampath Prabhakar Reddy, learned Standing Counsel for GHMC, for

the respondent No.2 and perused the record.

3. The case and contentions raised by learned senior counsel on

behalf of the petitioner are follows:

"The petitioner is University of Hyderabad, which was

established by an Act of Parliament (Act 39 of 1974) in the year

1974. Within a short span of its establishment, the petitioner

University emerged as an institute of eminence and excellence.

Pursuant to the enactment of the Act, the then Government of

Andhra Pradesh allotted Acs.2324.05 guntas of land in Sy.Nos.1 to 9,

14 to 24 and 25 of Kancha Gachibowli Village, Serilingampalli Mandal,

Ranga Reddy District, to establish university campus and handed 2 Dr.SA, J WP No.816/2021

over the entire extent of land to it in the year 1975. Out of the said

extent of land, the Government has subsequently taken back

approximately Acs.700.00 guntas of land, with a promise to allot

alternate land to the petitioner University, and reassigned the taken

back land to various institutions, including private individuals.

However, the promise of the Government to allot alternate land to

the petitioner University never materialized. In the year 2003, the

then Government of Andhra Pradesh, vide letter No.496/81/2003,

dated 06.08.2003, requested the petitioner University to allot

Acs.534.28 guntas of land to IMG Academies Bharat Private Limited,

to establish a sports academy. The Executive Council of the

petitioner University had agreed to alienate the said extent of land,

subject to the Government agreeing to allot equal extent of land to

the petitioner University. Accordingly, a Memorandum of

Understanding, dated 02.02.2004, was entered into between the

petitioner University and the Government. As per Clause 4 of the

said MoU, the Government has to allot Acs.397.16 guntas of land on

signing of MoU, Acs.55.00 guntas of land within 30 days and the

balance of Acs.82.12 guntas within 90 days from the date of signing

of the MoU, and in the event of failure on the part of the Government

to do so, the extent of land not transferred by the Government to the

petitioner University shall immediately revert back to the petitioner

University. Since May 2004, the petitioner University has been

waiting for exchange of land, as promised by the Government.

Though several letters were addressed by the petitioner University to

the authorities concerned in that regard, there is no response till

date. Since the Government did not abide by the terms of MoU,

dated 02.02.2004, Acs.400.00 guntas of land in Sy.No.25 of Kancha 3 Dr.SA, J WP No.816/2021

Gachibowli Village has reverted back to the petitioner University and

the petitioner University continues to be in possession of the said

land. In the year 2012, the respondent No.3-District Collector,

Rangareddy District, addressed a letter, dated 19.01.2012, to the

Chief Commissioner of Land Administration ('CCLA'), seeking

permission to resume an extent of Acs.10.23 guntas of land in

Sy.No.25 of Kancha Gachibowli village from the possession of

petitioner University for laying a road. The CCLA, vide letter, dated

18.12.2012, in turn, sought consent of the petitioner University for

the said proposal mooted by respondent No.3. The petitioner

University opposed the said proposal and as such, the said proposal

did not fructify. In fact, as per the letter, dated 21.03.2011,

addressed by the Cabinet Secretary, Government of India, to the

Secretary, Department of Higher Education, New Delhi, in each case

of sale or long term lease of land belonging to the Government or

Government controlled statutory authorities such as petitioner

University, the approval of the Union Cabinet is essential and as such,

the petitioner University is specifically barred from parting the land

vested in it, expect with the approval of Union Cabinet. The 3rd

respondent, vide order, dated 01.05.2017, directed the 4th

respondent/Tahsildar, Serilingampalli Mandal, to handover physical

possession of Acs.18.30 guntas of land in Sy.No.25/2 of Kancha

Gachibowli Village to GHMC, under a cover of panchanama, for the

purpose of providing approach road from ISB road to Government

Employees Colonies, totally bypassing the petitioner University in the

said process. The proposal was dropped later, after the petitioner

University took strong objection. The possession of the petitioner

University over the said land was never in dispute. While so, the 3rd 4 Dr.SA, J WP No.816/2021

respondent, vide letter No.LCI/1131/2016, dated 24.08.2018, had

once again requested the petitioner University to permit the GHMC

authorities to form/lay an approach road from ISB road to

Government Employees Colonies through the land under possession

of the petitioner University. The said request was reiterated by the

3rd respondent vide letter, dated 19.12.2018. The petitioner

University has been asserting all through that it is not in agreement

with the proposal mooted by the Government for formation/laying of

approach road. While so, the 3rd respondent once again addressed a

letter vide No.LC1/4131/2016, dated 05.01.2021, reiterating the

request for laying a road in Sy.No.25/2 of Kancha Gachibowli village

belonging to the petitioner University and requested the Registrar of

the petitioner University to attend a meeting scheduled on

06.01.2021 to discuss the subject matter in the presence of GHMC

officials. In the said meeting, the petitioner reiterated its stand and

expressed its inability to part with any land, in view of the specific

directions from the Government of India. While so, on 07.01.2021,

the petitioner University was surprised to notice that road leveling

activity was taken up by the GHMC for formation of a road. Since the

subject land in an extent of Acs.18.30 guntas vests with the

petitioner University, the action of 2nd respondent/GHMC in

encroaching the said land is arbitrary and illegal. The respondents

never initiated any steps to acquire the subject land from the

petitioner University. Every communication of the respondents with

the petitioner University referred above, clearly indicate that the

subject land belongs to the petitioner University and it continues to

be in possession of the same. The contention that there was no

concluded alienation proposal in respect of the said land is incorrect.

                                     5                                  Dr.SA, J
                                                                    WP No.816/2021

Further, the contention that the respondents have only blacktopped

the pre-existing road is absolutely false and none of the documents

filed by the respondents support the said claim. The subject land

measuring Acs.18.30 guntas is well within the boundary (wall) of the

petitioner University. The respondents have not provided a copy of

the letter, dated 26.12.2013, purportedly written by the Vice-

Chancellor of the petitioner University to the Principal Secretary to

Government, Revenue Department. Further, the petitioner University

never received any intimation about constitution of committee of

Senior Officers and their report, dated 10.07.2015, recommending

allotment of the subject land towards approach road. The employees

colonies have one of the best and widest approach roads from

Financial District side and there is no necessity for laying the present

road. The Government cannot act unilaterally in deciding to lay an

approach road, without necessary approval from the Executive

Council of the petitioner University. All the documents being relied

on by the 3rd respondent are self-serving documents to which, the

petitioner University was neither a party nor were they marked to the

petitioner University seeking its consent. There was no pre-existing

road in the subject land. The claim that the proposed road links the

ISB road to Serilingampalli through various residential and

commercial establishments, including employees colonies, is not

correct. Since the subject land vests with the petitioner University, it

is well within its right to seek redressal of its grievances before this

Court and as such, the contention that the petitioner University has

no locus to file this writ petition is incorrect. Unless the 2nd

respondent is interdicted from interfering with the peaceful

possession and enjoyment of the subject land by the petitioner 6 Dr.SA, J WP No.816/2021

University, the petitioner University would suffer irreparable loss and

hardship. The action of 2nd respondent is illegal and ultimately

prayed to allow the writ petition as prayed for.

4. Respondent No.3/Collector, Rangareddy District, filed counter,

the contentions raised are as follows:

"The writ petition does not disclose any valid/substantial

grounds to grant any relief. The petitioner University has no locus to

file the present writ petition, since it is neither in possession nor can

be considered as an interested party in respect of the subject land,

which is now being put to use for the purpose of movement of

public/residents and for the vehicular traffic. As per revenue records,

the land in Sy.No.25 measuring Acs.2374.02 guntas, situated at

Gachibowli Village is Government land, which is classified as 'Kancha

Asthabal Poramboke Sarkari'. Till date, there are no concluded

alienation proposals in respect of the said land. In a portion of the

said Government land, i.e., Acs.18.30 guntas, which is being claimed

by the petitioner University, there is an existing road, which was

black topped, from ISB road to Government Employees Colonies.

The petitioner University itself admitted in their letter, dated

26.12.2013, addressed by its Vice Chancellor to the Principal

Secretary to Government, Revenue Department, that out of

Acs.2324.05 guntas of land allotted to the petitioner University, an

extent of Acs.400.00 guntas and Acs.134.28 guntas of land in

Sy.No.25 of Gachibowli village was resumed by the Government and

some part of the said land was allotted in favour of IMG Acadamies

Bharat Private Limited and TNGOs/High Court employees colonies

respectively, and in exchange, an extent of Acs.397.16 guntas of land 7 Dr.SA, J WP No.816/2021

in Sy.Nos.36 & 37 of Gopanpally village was handed over to the

petitioner University, but subsequently, the said land was also

allotted to various organizations, and ultimately, requested for

alienation of remaining Acs.1785.07 guntas in its favour. This

creates a shadow on the lawful title of the petitioner University over

the subject land. Later, the Government, vide Memo, dated

21.11.2014, constituted a Committee of senior officers for inspection

of land for alienation to petitioner University and other educational

institutions and to submit a factual report along with its

recommendations on utilization of land and institutional requirements

for different educational institutions etc. The said Committee, vide

report dated 10.07.2015, recommended for alienation of Acs.1626.01

guntas of land out of Acs.1785.07 guntas of land in favour of the

petitioner University and recommended to keep the balance extent of

Acs.159.06 guntas in reserve, for alienation of the same in six parcels

to different educational institutions and for public good. Out of the

said Acs.159.06 guntas of land, an extent of Acs.18.30 guntas was

allotted to form/lay an approach road to the existing employees

colonies, which necessitated the respondent authorities to black top

the existing mud road, and as such the petitioner University cannot

have any objection to the same. Accordingly, the Government, vide

Memo No.11447/Assn.II(1)/2016-2, dated 02.01.2017, permitted the

3rd respondent/Collector, Rangareddy District, to get the Government

land to an extent of Acs.18.30 guntas in Sy.No.25 of Kancha

Gachibowli Village, which was demarcated for the purpose of the

approach road from ISB road to the Government Employees Colonies

and to take necessary action. Accordingly, after survey of the said

land and obtaining reports from the Assistant Director, Survey & Land 8 Dr.SA, J WP No.816/2021

Records, Rangareddy District, the Deputy Collector & Tahsildar,

Serilingampalli Mandal, and Revenue Divisional Officer,

Rajendernagar Division, the 3rd respondent/District Collector,

Rangareddy District, issued Proceedings No.LC1/4131/2016, dated

01.05.2017, directing the Deputy Collector & Tahsildar,

Serilingampalli Mandal, to hand over physical possession of vacant

Government land in an extent of Acs.18.30 guntas in Sy.No.25/2 of

Kancha Gachibowli village to the GHMC, under cover of panchanama.

Accordingly, the said extent of land was handed over to GHMC

Authorities in the year 2017. There is a dire need to expand the

width of the existing road to 36 meters Master Plan road, as the same

being a connectivity road from ISB road to Serilingampalli, through

employees colonies, and other residential and commercial

establishments, which is in the best interest of the public. Thus, the

petitioner University has no semblance of right over the said

Acs.18.30 guntas of land in Survey No. 25 of Kancha Gachibowli

village. In fact, the land measuring Acs.134.28 guntas allotted to

housing societies was in lieu of the land reserved for them in

Sy.Nos.36 & 37 of Gopanpally Village, which was subsequently

allotted to the petitioner University, as part of Acs.397.00 guntas, as

mentioned by the Vice Chancellor of the petitioner University in his

letter, dated 26.12.2013. In fact, the Government, vide Memo

No.39612/Asn.V(2)/2003, dated 13.01.2004, issued orders directing

that the land in an extent of Acs.400.00 guntas in Sy.No.25 situated

at Kancha Gachibowli Village, belonging to petitioner University of

Hyderabad, be handed over advance possession in favour of

International Management Group (IMG) Bharatha USA, for

establishing International Sports Academy and that an extent of 9 Dr.SA, J WP No.816/2021

Acs.317.00 guntas of Government land available in Sy.Nos.36 & 37 of

Gopanpally Village, be handed over advance possession in favour of

the petitioner University, in lieu of their lands in Sy.No.25 of Kancha

Gachibowli Village, as a compensatory measure, pending handing

over of land in an extent of Acs.83.00 guntas, which has to be

resumed, as the lands are covered under assignments and that land

to an extent of Acs.134.28 guntas situated in Sy.No.25 of Kancha

Gachibowli Village be exchanged with that of the equal extent of land

in Sy.No.36 of Gopanpally village, earmarked for Employees House

Building Society. Further, Acs.400.00 guntas of land, which was

allotted to IMG Academies Bharat Private Limited was demarcated,

leaving 28 meters from the existing HT lines. Thus, a piece of land

with width of 28 meters under/along the HT lines from ISB road to

employees' colonies is part of the Master Plan road notified by HMDA

and it is necessary to provide approach road, as per Master Plan of

HMDA, along/under the HT lines in the 28 meters piece of land, which

is not useful for any other purpose. Part of land in Sy.No.25 of

Gachibowli village and Sy.No.37 of Gopanpally Village, was allotted to

the State Government Employees for the purpose of house sites and

the said land is covered by number of residential buildings. As there

was no proper road to enter into the said land, the existing mud road

was black topped. Even in the Master Plan of HMDA, a road with a

width of 36 meters was clearly earmarked under the 'High Tension

Lines' going through the site from ISB to Nallagandla Village. In

pursuance to the above procedure, the subject land measuring

Acs.18.30 guntas has been handed over to the Deputy Executive

Engineer/Assistant Executive Engineer, GHMC, Circle No. 20,

Serilingampally on 20.12.2018, under a cover of panchanama. After 10 Dr.SA, J WP No.816/2021

taking over the possession of the said land, the GHMC authorities

have black topped the existing approach road in the subject land, for

which the petitioner is now raising objections. A mud road was

already in existence as an approach road to the above mentioned

colonies, which was not black topped and which is now being carried

out for the use of public and vehicular traffic for transportation of

utilities, in the public interest. In fact, an extent of Acs.741.34

guntas of land in Sy.No.25 of Kancha Gachibowli Village, was handed

over to various educational institutions/organizations/ sports

authority etc., and thus, the petitioner university cannot claim to be

in possession of entire land in Sy.No.25 of Gachibowli Village. The

subject Acs.18.30 guntas of land, where a mud road is existing,

which is black topped by respondent authorities, is in fact, the

boundary running from ISB till TNGOs Colony. The said road is a part

and parcel of the HMDA Master Plan and the said existing mud road,

which was black topped by GHMC authorities, is only meant for public

purpose and as such, the writ petitioner cannot find fault with black

topping of the existing road. The aspect that the Government is in

possession over an extent of Acs.400.00 guntas was in fact recorded

by a Division Bench of this Court in W.P.No.24781 of 2006 filed by

IMG Academies Bharat Private Limited, in the interim orders passed

in WPMP No.31696 of 2006, dated 29.11.2006. Hence, the claim of

the petitioner University that they are in possession of the subject

land, which is on the other side of land measuring Acs.400.00 guntas

and being put to use for expanding the existing connecting road from

ISB road to Serilingampalli through employees TNGOs Colonies, is

unsustainable. Further, there is no direct connectivity to the

University lands from the land where the road is being expanded.

                                    11                            Dr.SA, J
                                                              WP No.816/2021

The petitioner University, being an allottee and in whose favour till

date no alienation and conveyance proposals have been finalized,

cannot claim to be the owner and possessor of the subject land and

obstruct forming/laying the road, which is for the public good.

Further, the residents of employees colonies cannot be deprived of

their right of way by the petitioner university. The petitioner

University, if aggrieved, should approach the competent forums

seeking appropriate reliefs. Further, the petitioner University,

claiming to be an allottee of a large extent of land, has to necessarily

approach the owners of the land, i.e., the Government to seek

redressal of its grievance. Further, the Memo No.35090/Assn.II(2)/

2012, dated 21.11.2014, issued by the Chief Secretary to the

Government, substantiate that till date, no alienation of Government

land in an extent of Acs.1785.00 guntas is made in favour of the

petitioner University and the said proposal is under consideration

before the Government. Thus, the title of the subject land still lies

with the Government. The expansion of the existing road does not,

in any way, cause hindrance to the petitioner University nor it

amounts to dispossessing the petitioner University or depriving or

taking away valuable rights of the petitioner University. Further, the

extent of land being requested for alienation by the petitioner

University is much more than its requirement. There are no merits in

the writ petition and the same is liable to be dismissed.

5. In view of the contentions raised by both sides as indicated

above, the questions that require examination in this writ petition are

as follows:

1. Whether the disputed land in an extent of Acs.18.30 guntas in Sy.No.25/2 of Kancha Gachibowli Village, 12 Dr.SA, J WP No.816/2021

where black top road is laid, absolutely vests with the petitioner University?

2. Whether, as alleged, there is unlawful interference and violation of Articles 14 and 300A of the Constitution of India on the part of the respondents in respect of the disputed land in an extent of Acs.18.30 guntas in Sy.No.25/2 of Kancha Gachibowli Village?

3. Whether the contentions raised by both sides in relation to the disputed land in an extent of Acs.18.30 guntas in Kancha Gachibowli Village be answered under Article 226 of the Constitution of India?

6. Several contentions have been advanced by the learned senior

counsel appearing for both the sides. To crystallize the subject

matter of this writ petition, the first and foremost aspect to be

examined is as to whether the petitioner University has substantiated

its stand with regard to the exclusive ownership and possession over

the subject land measuring Acs.18.30 guntas in Sy.No.25/2 of

Kancha Gachibowli Village, Serilingampalli Mandal, Rangareddy

District. The petitioner University contends that the then

Government of Andhra Pradesh allotted Acs.2300.00 guntas of land

to it in Sy.Nos.1 to 9, 14 to 24 and 25 of Kancha Gachibowli Village,

Serilingampalli Mandal, Ranga Reddy District, to establish university

campus and handed over the entire extent of land to it in the year

1975. Vide letter of allotment, dated 21.02.1975, the Deputy

Secretary to Government, Education Department, addressed a letter

to the Officer on Special Duty of the petitioner University, which

reads as follows:

I am to say that the State Government have decided to allot the University of Hyderabad, free of cost, an extent of 2300 acres of land of Kancha Gacchi Bowli on the left side of old Bombay road.

                                        13                                  Dr.SA, J
                                                                        WP No.816/2021

This area includes an etent of 200 acres, which would be earmarked for the Department of Science and Technology, Government of India. The allotment of the land to the University will be subject to the condition that the land should be used for the purposes allotted. The land will revert to the State Government, if it is used for other purposes not directly connected with education or technology without the prior permission of the State Government."

7. In the aforementioned letter, dated 21.02.1975, it was

mentioned that the State Government has decided to allot an extent

of Acs.2300.00 guntas of land to the petitioner University, free of

cost, at Gachibowli village. This letter is only a proposal to allot

Acs.2300.00 guntas of land at Gachibowli village to petitioner

University. On the strength of this letter, no absolute and exclusive

ownership of Acs.2300.00 guntas of land can be claimed by the

petitioner University. In any event, the said letter cannot be

construed as a conveyance deed or a Government Order, granting

exclusive ownership over Acs.2300.00 guntas of land at Gachibowli

Village to the petitioner University. Further, there is no mention in

that letter, dated 21.02.1975, that the possession of Acs.2300.00

guntas of land was delivered to the petitioner University by the State

Government. It is not in dispute that the subject land in an extent of

Acs.18.30 guntas is a part of the said land. The petitioner University,

except contending that the land in question belongs, vests and owned

by the petitioner University, did not file any document showing its

lawful right and title over the subject land, that is to say, the said

land was alienated to it by the Government by way of a proper

conveyance deed/Government Order. When this Court asked the

learned senior counsel appearing for the petitioner University to show

any document conveying the ownership and possession of the subject

land in favour of the petitioner University, learned senior counsel

submitted that there is lot of correspondence to show the ownership 14 Dr.SA, J WP No.816/2021

and possession of the subject land, but he could not point out a

single document to that effect. On the other hand, the respondents

contended that the land in Sy.No.25 measuring Acs.2374.02 guntas

situated at Gachibowli Village is Government land, which is classified

as 'Kancha Asthabal Poramboke Sarkari' and till date, there are no

concluded alienations in respect of the said land in favour of anybody.

8. The learned senior counsel appearing for the petitioner

University vehemently contended that as per Clause 4 of the

Memorandum of Understanding, dated 02.02.2004, entered into

between the petitioner University and the Government, in lieu of

resumption of Acs.534.28 guntas of land and allotment of part of said

land in favour of IMG Academies Bharat Private Limited to establish a

sports academy and for other purposes, the Government, in

exchange, was supposed to allot Acs.397.16 guntas of land on

signing of MoU, Acs.55.00 guntas of land within 30 days and the

balance of Acs.82.12 guntas within 90 days from the date of signing

of the MoU, and in the event of failure on the part of the Government

to do so, the extent of land not transferred by the Government to the

petitioner University shall immediately revert back to the petitioner

University, and since the Government did not abide by the terms of

MoU, dated 02.02.2004, Acs.400.00 guntas of land in Sy.No.25 of

Kancha Gachibowli Village has reverted back to the petitioner

University and the petitioner University continues to be in possession

of the said land. However, the said contention cannot be accepted

for the simple reason that the petitioner University itself admitted in

their letter, dated 26.12.2013, addressed to the Principal Secretary to

Government, Revenue (Assn.V) Department, that an extent of 15 Dr.SA, J WP No.816/2021

Acs.400.00 guntas and Acs.134.28 guntas of land (total Acs.534.28

guntas) in Sy.No.25 of Gachibowli village was resumed by the

Government and allotted in favour of IMG Acadamies Bharat Private

Limited and TNGOs/High Court employees colonies respectively, and

in exchange, an extent of Acs.397.16 guntas of land in Sy.Nos.36 &

37 of Gopanpally village was handed over to the petitioner University,

but subsequently, the said land was allotted to various organizations

by the Government, and requested for alienation of remaining

Acs.1785.07 guntas in favour of the petitioner University.

Correspondence made by letter, dated 26.12.2013, clearly

demonstrates that the petitioner University is ultimately claiming

Acs.1785.07 guntas of land and requested the State Government to

alienate the same in its favour by way of proper Government Order

or conveyance deed. Admittedly, till date, no such Government

Order or conveyance deed was made in favour of the petitioner

University by the respondents. The petitioner University, in their

reply affidavit, contended that the said letter, dated 26.12.2013, was

not provided to it by the respondents. Here it is pertinent to state

that the said letter, dated 26.12.2013, which was addressed by the

Vice Chancellor of the petitioner University to the Principal Secretary

to Government, Revenue (Assn.V) Department, originated from the

office of the petitioner University. It is not the case of the petitioner

University that no such letter was addressed by it to the respondents.

Therefore, there is no substance in the submission made in this

regard by the petitioner University. Pursuant to the request of the

petitioner University to allot remaining Acs.1785.07 guntas of land to

it, the Government, vide Memo, dated 21.11.2014, constituted a

Committee of senior officers for inspection of land for alienation in 16 Dr.SA, J WP No.816/2021

favour of petitioner University as well as other educational institutions

and to submit a factual report along with its recommendations on

utilization of land and institutional requirements for different

educational institutions etc. The said Committee, vide report dated

10.07.2015, recommended for alienation of Acs.1626.01 guntas of

land out of Acs.1785.07 guntas of land in favour of the petitioner

University and recommended to keep the balance extent of

Acs.159.06 guntas in reserve, for alienation of the same in six parcels

to different educational institutions and for public good. Out of the

said Acs.159.06 guntas of land, the subject land measuring Acs.18.30

guntas was allotted to form/lay an approach road to the existing

employees' colonies. Accordingly, the Government, vide Memo

No.11447/Assn.II(1)/2016-2, dated 02.01.2017, permitted the 3rd

respondent/Collector, Rangareddy District, to get the Government

land to an extent of Acs.18.30 guntas in Sy.No.25 of Kancha

Gachibowli Village, which was demarcated for the purpose of the

forming/laying approach road from ISB road to the Government

Employees Colonies and to take necessary action. Accordingly, after

survey of the said land and obtaining reports from the Assistant

Director, Survey & Land Records, Rangareddy District, the Deputy

Collector & Tahsildar, Serilingampalli Mandal, and Revenue Divisional

Officer, Rajendernagar Division, the 3rd respondent/District Collector,

Rangareddy District, issued Proceedings No.LC1/4131/2016, dated

01.05.2017, directing the Deputy Collector & Tahsildar,

Serilingampalli Mandal, to hand over physical possession of 'vacant

Government land' in an extent of Acs.18.30 guntas in Sy.No.25/2 of

Kancha Gachibowli village to the GHMC, under cover of panchanama.

Accordingly, the said extent of land was handed over to GHMC 17 Dr.SA, J WP No.816/2021

Authorities in the year 2017. Under these circumstances, it cannot

be said that the Government have no semblance of right over the

subject land measuring Acs.18.30 guntas in Sy.No.25/2 of Kancha

Gachibowli village, Serilingampalli Mandal, Rangareddy District,

where kacha road is being converted into black top road. Moreover,

the kacha road is running under High Tension electrical lines, where

the stipulation requires that 10 meters width black top road should be

laid under those High Tension electrical lines.

9. There is yet another aspect. Learned senior counsel appearing

for respondent No.2/GHMC would submit that after resuming an

extent of Acs.400.00 guntas of land from the petitioner University,

the same was allotted to IMG Acadamies Bharat Private Limited.

Subsequently, the Government again resumed the said land from

IMG Acadamies Bharat Private Limited. Challenging the said

resumption, IMG Acadamies Bharat Private Limited filed

W.P.No.24781 of 2006 before this Court and this Court, vide order,

dated 29.11.2006, passed in WPMP No.31696 of 2006, ordered as

follows:

"Learned Advocate General says that possession of land in question had already been taken over. Shri V.Venkata Ramana does not dispute this statement, but says that the Court may direct the parties to maintain status quo.

In the facts and circumstances of the case, we deem it proper to direct that status quo in respect of the land in question must be maintained, as it is obtaining today. This would necessarily mean that the possession of the property will remain with the State of Andhra Pradesh and no charge of any type will be created over it. Likewise, the petitioner shall in no manner create any charge directly or indirectly in respect of the land in question."

10. A perusal of the above interim order, dated 29.11.2006, makes

it clear that the land in an extent of Acs.400.00 guntas was already

taken over by the Government. Admittedly, the petitioner University 18 Dr.SA, J WP No.816/2021

is not a party to the said W.P.No.24781 of 2006. If at all the

petitioner University asserted any claim over the said extent of land,

as is being claimed in this writ petition, it ought to have got

impleaded in the said W.P.No.24781 of 2006 and contested the

matter. Having chosen not to get impleaded itself in W.P.No.24781

of 2006, now it is not proper to the petitioner University to contend

that the said extent of Acs.400.00 guntas of land belongs to it.

11. Further, a perusal of the location sketch map filed by the

respondents reveals that the disputed extent of Acs.18.30 guntas of

land is the boundary of said Acs.400.00 guntas of land, running from

ISB road till TNGOs Colony. Further, electrical HT lines are passing

over/along the disputed area. According to the respondents, the

subject Acs.400.00 guntas of land, which was allotted to IMG

Academies Bharat Private Limited, was demarcated, leaving 28

meters of land under/along the existing HT lines and that the same

piece of land from ISB road to employees colonies, is part of the

Master Plan Road, notified by HMDA, and it is necessary to provide

approach road, as per Master Plan of HMDA, and said left over land is

not useful for any other purpose. There is merit in the said

contention. As per the submissions and the material placed on

record, the said 28 meters piece of land was a kacha road and now,

black top road is laid thereon.

12. Learned senior counsel appearing for the petitioner University

contended that if at all the Government wants to form/lay a road in

the subject land, it has to acquire the subject land from the petitioner

University. In the instant case, since the petitioner University failed

to substantiate its exclusive ownership and possession over the 19 Dr.SA, J WP No.816/2021

subject land, the question of acquiring the subject land by the

Government from the petitioner University does not arise. Further,

the 3rd respondent, in his order dated 01.05.2017, categorically

observed that the subject land admeasuring Acs.18.30 guntas is

'vacant Government land' and directed the 4th respondent to

handover physical possession of the same to GHMC, under a cover of

panchanama, for the purpose of providing approach road from ISB

road to Government Employees Colonies. Further, the contention of

the petitioner University that there is no necessity for laying/forming

the subject road since the employees colony has best and widest

approach roads from the Financial District side cannot be sustained,

as it is the prerogative of the Government to use the land belonging

to it in the best interest of the public. Further, in view of the material

on record, it is rightly contended on behalf of the respondents that

there is no lawful allotment and delivery of possession of the entire

land measuring Acs.2300.00 guntas in favour of the petitioner

University by the respondents and the said land is not in exclusive

possession of the petitioner University. Hence, laying/forming a road

in the subject land, which is part and parcel of the said Acs.2300.00

guntas of land, by the respondents cannot be held as illegal and

unlawful interference over the land belonging to the petitioner

University.

13. It is the case of the petitioner University that the impugned

action of the respondents is violative of Articles 14 and 300A of the

Constitution of India. Articles 14 and 300A of Constitution of India

read as follows:

14. Equality before law--The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

                                        20                                Dr.SA, J
                                                                      WP No.816/2021

300A. Persons not to be deprived of property save by authority of law--No person shall be deprived of his property save by authority of law.

As stated above, there is no lawful allotment and delivery of

possession of entire extent of Acs.2300.00 acres of land to the

petitioner University by the respondents. Further, as per the letter,

dated 26.12.2013, the petitioner requested the Government to

alienate Acs.1785.07 guntas of land in its favour. Further, in view of

the MoU, dated 02.02.2004, the petitioner University already parted

Acs.534.28 guntas of land and the subject land measuring Acs.18.30

guntas is part and parcel of the said land. Further, the subject land

was taken over by GHMC pursuant to the letter, dated 01.05.2017, of

the District Collector, Rangareddy District, and a black top road is

laid. Further, High Tension electrical lines are passing over/along the

subject land measuring Acs.18.30 guntas. Under these

circumstances, it cannot be held that the petitioner University is

deprived of its property or there is denial of equality before the law

to the petitioner University.

14. Further, there are many factual aspects in this writ petition,

such as claiming vested ownership and continuous possession over

an extent of Acs.2300.00 guntas of land by the petitioner University.

On the other hand, serious dispute is raised by the respondents that

an extent of Acs.2300.0 guntas of land was not allotted to the

petitioner University and there is no Government Order or

Conveyance Deed conveying the said extent of land in favour of the

petitioner University and the Government is in physical possession of

the land, which is open, and till date, there are no concluded

alienation proposals in respect of the subject land. Further, in view 21 Dr.SA, J WP No.816/2021

of the recommendation of the Committee of the Senior Officers in its

report, dated 10.07.2015, the Government is contemplating to

alienate Acs.1626.01 guntas of land only in favour of the petitioner

University. An extent of Acs.400.00 guntas of land out of

Acs.2300.00 guntas of land was given to the Government by the

petitioner University and the Government resumed the said extent of

land. In addition to these, there are many other factual aspects

involved in this writ petition, which cannot be adverted to under

Article 226 of the Constitution of India. In Abl International

Limited and another Vs. Export Credit Guarantee Corporation

of India Limited1, the Hon'ble Supreme Court of India held as

follows:

"a writ petition involving serious disputed questions of facts which requires consideration of evidence which is not on record, will not normally be entertained by a court in the exercise of its jurisdiction under Article 226 of the Constitution of India."

In a recent judgment in Shubhas Jain Vs. Rajeshwari Shivam

and others2, the Hon'ble Apex Court observed that the High Court

exercising its extraordinary writ jurisdiction under Article 226 of the

Constitution of India, does not adjudicate hotly disputed questions of

facts. Further, it is settled law that if, in a petition filed under Article

226 of the Constitution of India, complicated questions of fact, which

require a regular and full-fledged trial are involved, it is but prudent

that the Court should refrain itself from entertaining such petition

and relegate the party to the normal remedy to obtain redress in a

suit. In the circumstances, it is left open to the petitioner University

to work out the remedies before the competent civil Court. There are

no merits in the contentions raised on behalf of the petitioner