Telangana High Court
Sri. Venkat Ramulu vs The State Of Telangana on 24 October, 2024
THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
+ WRIT PETITION (PIL) No.339 OF 2017
% Dated 24.10.2024
# Sri Venkat Ramulu S/o. late Narasappa, Aged: about 76 years,
Occ: Advocate, R/o.1-6-24, Civil Line,
Narayanpet Proper & Mandal,
Dist: Mahabub Nagar (TS) and another
.... Petitioners
VERSUS
$ The State of Telangana,
Rep. by its Principal Secretary,
Department of Higher Education,
Secretariat Building,
Hyderabad and eight others
... Respondents
! Counsel for petitioners : Mr. M.Vijay Kumar Goud
^ Counsel for Respondent Nos.1 to 5 : Mr.Mohammad Imran Khan,
Counsel for Respondent Nos.6 and 8: Mr. Avinash Desai
< GIST:
> HEAD NOTE:
? CITATIONS:
(2010) 8 SCC 329
2
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION (PIL) NO. 339 OF 2017
ORDER:
(Per the Hon'ble Sri Justice J.Sreenivas Rao)
This writ petition is filed for the following relief:
"For the reasons stated in the circumstances above,
the petitioner herein prays that this Hon'ble High Court
may be pleased to issue appropriate orders one in the
nature of Writ of mandamus declaring the inaction of the
official respondent Nos.1 to 4 in not taking action against
the respondent Nos.6 to 9 and resuming the land of the
respondent No.5 in Sy. No.461 admeasuring Ac.14-29 gts
of Pallaburgu, Narayanpet Town, Mahabubnagar District
in pursuance of the representations of petitioners dated
18.7.2017 & 24.8.2017 and failing to hand it over to the
respondent No.5 is arbitrary, illegal, against the principles
of rules of law and natural justice and pass such other
suitable orders for which respondent No.5 will legally
entitle in law consequently direct the respondent No.1 to 4
to initiate criminal action against the respondent Nos.6 to
9 for trespass and recover the damages for holding land of
the 5th respondent into their illegal custody and pass such
other necessary order or orders as this Hon'ble Court
deems fit and proper in the circumstances of the case and
in the interest of justice."
2. Brief facts of the case:
2.1 The petitioners averred that they are practising advocates and
senior citizens of Narayanpet Town and Mandal of Mahabubnagar
District, conducted extensive inquiries, gathered information from
various authorities, and lodged complaints with the official
respondents regarding the illegal actions committed by respondent
Nos. 6 to 9 by obtaining a false and collusive decree from the Courts
behind the back of respondent No.5, have illegally occupied part of
the land admeasuring Ac.14-29 guntas in Sy.No.461 situated at
Pallabuzrug Shivar, Narayanpet town, Mahabubnagar district, which
belongs to respondent No.5 and making illegal constructions thereon.
Though the petitioners made representations dated 18.07.2017 and
24.08.2017 to respondent Nos.1 to 5 for safeguarding the property,
they have not taken action for resuming the said land from the
respondent Nos.6 to 9.
2.2 It is further averred that prior to 1970, a Government High
School was existing in Narayanpet, Mahabubnagar District and some
well-wishers and elders of the area wanted a Government Junior
College and made requests to the Government. The authorities asked
them to form a society and donate land and money to convert the
High School into a Junior College. Then elders of Narayanpet formed
a society by name, Vidya Vardhak Samithi, Government Junior
College, Narayanpet and purchased Ac.14.29 guntas of land in
Survey No.461 at Pallabuzurg area of Narayanpet proper, through a
registered sale deed, in the name of the Government Junior College,
Narayanpet from its lawful owner and possessor by name
Sri Raghunath Rao Antoo, s/o Manik Rao Antoo of Narayanpet, with
sole intention to get sanction the Government Junior College at
Narayanpet proper.
2.3 It is also averred that the Government has sanctioned Junior
College, with some conditions to donate land and deposit funds in
the bank in the name of the college. The then District Educational
Officer, Mahabubnagar, informed the concerned Principals, including
the Principal of Government Junior College, Narayanpet to submit
the details of the purchased land and the amounts to be deposited.
The Principal sent the particulars, showing the purchased land of
Ac.14.29 guntas and the deposit of Rs.25,000/- in the State Bank of
Hyderabad, Narayanpet Branch for sanction of Government Junior
College, by forming into a committee by name M/s Vidya Vardhaka
Samithi, Government Junior College, Narayanpet, making the
Government as owner of the said land.
2.4 It is further averred that M/s Surya Laxmi Degree College, a
private institution for which the then MLA Mr. Chittem Narsi Reddy
is Secretary, attempted to make constructions over the part of the
said land which belongs to Government Junior College, Narayanpet.
The then Principal of the Government Junior College informed to the
Regional Joint Director of Higher Education, Warangal vide letter
dated 27.09.1991 in respect of unauthorized construction to higher
authorities, but no action was taken to protect the land. Principal of
the Government Junior College wrote another letter on 22.06.2017 to
higher authorities regarding encroachments, but again no action was
taken. As a result, private shops, institutions, and a private school
called 'Krishna Gokula' have been set up on part of the land. Several
individuals have also illegally occupied part of the property of
Government Junior College, Narayanpet by creating false documents.
2.5 It is further averred that one M/s. Chaitanya Bharati
Educational Society, applied for permission to run private degree
college and in the name of Mr.Chittem Narsireddy @ Narsimha
Reddy, as a patron of that society and it was running in a private
premises of RR Antu Building at Narayanpet proper, in the
meanwhile, they formed M/s Surya Laxmi Educational Society in the
year 1988 and purchased land to an extent of Ac.14.24 guntas in
Sy.No.36 situated at Venkatapur Village in the limits of Pagidimarry
village of Utkur Mandal for construction of their college building
therein through registered sale deed on 08.10.1990.
2.6 It is further stated that on seeing the subject land lying vacant,
one Mr.Swarup Antu, son of the vendor of the said property to the
Government Junior College, with collusion of one late Mr.Sita Ram
Rao, Advocate, Ex.Municipal Chairman, who was also family
Advocate of Mr. Swarup Antu, with malafide intention to take hold of
Government Junior College vacant land, got filed a suit in O.S. No.95
of 1987 on the file of Subordinate Judge, Mahahubnagar seeking
cancellation of the sale deed dated 12.10.1970 without making the
Government/Education Department and respondent No.5 as parties
to the said case, by showing Mr. Sita Ram Rao, Ex-Chairman,
Municipality, Narayanapet as Secretary of M/s. Vidya Vardhaka
Samithi Junior College, Narayanpet and three others, who falsely
claimed ownership of the land. In the said suit, Mr.Chittem Narsi
Reddy, the then M.L.A. of Makthal and Correspondent and Secretary
of M/s. Surya Laxmi Degree Private College, Narayanpet, impleaded
himself as defendant No.5, along with his henchmen namely
Mr.Vamanageri Saraf Krishna, Mr.Ramchander Rao Kalyani,
Mr.V.Manik Rao Choutavi, Mr.Ghanashyam Darak, Mr.Dilip Kumar
Vaikunt, Mr.Sudershan Reddy and Mr.Narsing Rao Choudary as
defendant Nos.6 to 12 respectively vide orders in I.A. No. 545 of
1991, dated 09.07.1992. In the written statement filed on 19.11.1993
by the defendant Nos.5, 6, 11, and 12 and defendant No.1 on
02.08.1988, they contended that the subject land sold to the
Government Junior College of Narayanpet is classified as excess
ceiling land in proceedings of ceiling case No.133/75/MKL. However,
the ceiling authority clarified that the subject land was not excess
ceiling land and confirmed that it had been sold to the Government
Junior College stating that the plaintiff had no right to file the suit.
2.7 It further stated though M/s Surya Laxmi Degree College in
Narayanpet is nothing to do with the Government Junior College or
Vidhya Vardhaka Samithi. The parties involved in the suit were
compromised on 13.11.1996 by playing fraud against the Court on
saying as if the registered sale deed as null and void. The plaintiff
and defendants admits that M/s Surya Laxmi Degree College is the
owner of the land to an extent of Ac.10-00 guntas in Sy.No.461,
though it has nothing to do with the title and possession of the same,
illegally granted the land to an extent of Ac.0-27 guntas, Ac.2-05
guntas and Ac.1-37 guntas to defendant Nos.8, 9 and the plaintiff
therein. Therefore, the judgment obtained under the compromise
memo dated 12.12.1996 in O.S. No. 95 of 1987 is not binding on
respondent Nos.4 and 5, as they were not parties to the suit.
Additionally, the individuals involved have occupied the land illegally
without compensating the Government and are liable for damages.
The Vidya Vardhaka Samithi was not a registered society, rendering
any transfer of property illegal. Mr. Muralidhar Bhandare, legal heir
of late Sri Saibanna Bhandare filed an affidavit stating that the
subject property exclusively belongs to the Government Junior
College, and he has no claims against it.
2.8 It is further stated that the petitioners assert that the parties
involved in a suit regarding Government land are illegally occupying
it and committing criminal offenses, for which they have to be
prosecuted by taking back the property, collecting damages for illegal
possession and enjoyment and handing over the same to the
Government Junior College, Narayanpet. Various political parties and
student organizations have protested for illegal occupation of the
land, and submitted multiple representations to the Government to
recover the land from the respondents. Despite the same, no action
has been taken to restore the land to the Government Junior College
and the current value of the land is more than Rs.100 crores and the
same remains in the illegal possession of private individuals and
institutions.
2.9 It is further averred that the petitioners are claiming that the
property of the Government Junior College in Narayanpet has been
illegally occupied by respondent Nos.6 to 9, who compromised the
suit regarding the property without including the respondent No.5
and Government as parties and behind their back, constructions
have been made on the land illegally. The petitioner and other
individuals have submitted representations to protect the property
and restore it to respondent No.5 College, which was established in
1970. As there is no response, the petitioners are compelled to file
the present Writ Petition (PIL) to safeguard the Government property.
3. Respondent No.5 filed counter affidavit on 23.01.2018 stating
that the land admeasuring Ac.14-29 guntas in Sy.No.461 was
purchased by Vidhya Vardhak Samithi, Government Junior College,
Narayanapet through registered sale deed bearing document No.820
of 1970, dated 12.10.1970 from the original owner with an intention
to upgrade the High School into Government Junior College and
further stated that one Swarup Antu who is the son of Raghunath
Rao Antoo, vendor of the subject property filed suit in O.S.No. 95 of
1987 seeking cancellation of the sale deed dated 12.10.1970 and the
said suit was decreed basing on the compromise entered by the
parties on 12.12.1996 and the same is not binding upon
respondentNo.5. It is further stated that when Surya Laxmi Degree
College, Narayanpet making construction in the subject property,
respondent No.5 addressed a letter to the Regional Joint Director of
Higher Education, Warangal on 27.09.1991 to protect the subject
land.
4. Respondent No.6 filed counter affidavit on 17.04.2018 denying
the averments made in the writ petition and contended that the
Society by name Vidhya Vardhak Samithi purchased the land to an
extent of Ac.14.29 guntas through registered sale deed dated
12.10.1970 from the original owner by paying valuable sale
consideration in the name of the Vidhya Vardhak Samithi and the
same is belonging to Government and also stated that when the said
Society attempted to donate the land to the Government to set up a
Government Junior College, the Government has set out the
conditions requiring 20 acres of land and an amount of Rs.50,000/-
in the bank in the name of Government Junior College. But the said
Society could not fulfill the conditions laid down by the Government.
In the meanwhile, respondent No.9 filed suit in O.S.No.95 of 1987 on
the file of the Subordinate Judge at Mahabubnagar, seeking
cancellation of the sale deed dated 12.10.1970 executed by his father
and the suit schedule property was part of undivided joint family of
the plaintiff and the said sale is not binding upon him. In the said
suit, plaintiff, defendant Nos.2, 4 and other defendants admitted the
ownership of respondent Nos.6 to 8 and declared respondent No.6 as
owner and possessor of the land in Sy.No.461 to an extent of Ac.10-
00, respondent No.8 to an extent of Ac.0-27 guntas and respondent
No.7 to an extent of Ac.2-05 guntas basing on the compromise
entered by the parties, the said suit was decreed on 12.12.1996.
5. Similarly, respondent No.6 filed reply to the counter affidavit of
respondent No.5 on 16.07.2018 denying averments made by the
respondent No.5 and contended that the Government High School
was upgraded to Government Junior College is not in the subject
land and is altogether in a different survey number bearing door
No.1-1-9 falling in ward No.4 and door No.2-1-90 falling in ward No.1
and the playground of the Junior College is in Sy.Nos.271 and 272 at
Pallabuzurg, Narayanpet and the said Government Junior College is
approximately half kilometer away from the respondent No.6 Degree
College and respondent No.6 College bearing door No.1-6-41/1, 1-6-
41/1/A and 1-6-41/1/B falling in ward No.8 are in Sy.No.461 at
Pallabuzrug, Narayanpet and the total extent of land in Sy.No.461 is
Ac.14-29 guntas. It is further averred that the said land was alleged
to be declared as surplus land under the Urban Land (Ceiling and
Regulation) Act, 1976 and respondent No.6 filed objections and the
competent authority after following the due procedure allowed the
appeal in favour of respondent No.6 vide proceedings dated
15.09.1994. Hence, the contention of respondent No.5 that the
subject land is a Government land is not true and correct. It is also
stated that respondent No.6 and the Society wanted to donate the
Degree College along with Ac.8-00 of land to the Government.
Government also issued G.O.Ms.No.1 of 2018 dated 03.01.2018
transferring the Degree College from respondent No.6 to the
Government. Pursuant to the said transfer, the buildings of
respondent No.6 standing in the subject land are donated to the
Government and mutation is also effected in the name of Sri Chittem
Narsi Reddy Memorial Government Degree College on 08.06.2018
and pursuant to the transfer of respondent No.6 College to
Government, respondent No.6 College is being run and managed by
the Government and the admissions for the academic year 2018-19
are made by the Government and the salaries to the staff are also
being paid by the Government. The petitioners have filed the present
Writ Petition (PIL) with an oblique political motive and the same is
liable to be dismissed.
6. Respondent No.4 filed counter affidavit on 23.07.2018 stating
that pursuant to the interim order passed by this Court in this writ
petition dated 17.07.2018, the Revenue Divisional officer, Narayanpet
visited the spot and got demarcated the disputed the land in
Sy.No.461 and submitted report stating that an extent of Ac.8-13
guntas is covered by Chittem Narsi Reddy Government Degree
College, Narayanpet has been handed over by Sri C.Rammohan
Reddy, Correspondent of Surya Laxmi Degree College to the
Principal, Sri Chittem Narsi Reddy Government Degree College,
Narayanpet under cover of panchanama dated 19.07.2018.
7. Respondent No.1 filed counter affidavit on 20.09.2024, wherein
it is stated that an extent of Ac.8-13 guntas of land covered in
Sy.No.461 of Pallabujrug of Narayanpet Mandal was handed over
from Sri C.Rammohan Reddy, Correspondent of Surya Laxmi Degree
College to the Principal, Sri Chittem Narsi Reddy Government Degree
College, Narayanpet under cover of panchanama dated 19.07.2018
and the Tahsildar, Narayanpet vide his proceedings No. ROR
B/2329/2020, dated 18.09.2021 has carried out the changes in the
revenue records i.e., re-naming the land instead of Surya Laxmi
Degree College, Narayanpet to Sri Chittem Narsi Reddy Memorial
Government Degree College, Narayanpet. It is also stated that the
Tahsildar, Narayanpet issued letter dated 29.11.2021, wherein it is
stated that, as per new amended Act, Telangana Rights in Land and
Pattadar Pass Books Act, 2020 (The Act No.9 of 2020), the District
Collectors are competent authorities to change the nomenclature of
the said Degree College in the revenue records and he has submitted
the proposals in proforma-I for changing the nomenclature of the
said Degree College in the Dharani Portal and he also stated that the
Collector and District Magistrate through proceedings letter
No.D/303/2024, in March, 2024 has requested the CCLA, TS,
Hyderabad to incorporate the title in respect of land in
Sy.No.461/AA/A/1/1 extent of Ac.8-13 guntas in the name of Sri
Chittem Narsi Reddy Memorial Government Degree College,
Narayanpet in Dharani records. Now the issue is pending with the
Chief Commissioner for Land Administration, Hyderabad.
8. Petitioners filed re-joinder stating that respondent No.6 is not
the owner of the subject property and question of donating and
transferring the land to an extent of Ac.8-13 guntas in Sy.No.461 to
the Government does not arise and the Government issued
G.O.Ms.No.1 of 2018, Higher Education (CE) Department dated
03.01.2018 was brought into existence at the instance of Sri
C.Rammohan Reddy, who is representing respondent No.6 College.
9. Heard Sri M.Vijay Kumar Goud, learned counsel for the
petitioners, Sri S.Rahul Reddy, learned Special Government Pleader,
representing learned Additional Advocate General appearing on
behalf of respondent Nos.1 to 5 and Sri Avinash Desai, learned
Senior Counsel representing Mr. Kopal Sharraf, learned counsel for
the respondent Nos.6 and 8.
10. Submissions made by the learned counsel for the
petitioners:
10.1 Learned counsel for the petitioners submits that Vidya
Vardhak Samithi, Government Junior College, Narayanpet purchased
the subject property to an extent of Ac.14-29 guntas in Sy.No.461
situated at Pallabuzurg area, Narayanpet from Sri Raghunath Rao
Antoo through registered sale deed bearing document No.820 of
1970, dated 12.10.1970. At the time of execution of the said
document, Sri Saibanna s/o Dakanna Saab Urf Bhandare was the
Secretary of the said Samithi. Since then the Government Junior
College is in possession of the subject property. He further
contended that respondent No.9 filed suit in O.S.No.95 of 1987 on
the file of the Subordinate Judge, Mahabubnagar seeking declaration
of the sale deed dated 12.10.1970 executed by defendant No.2, who
is none other than his father, in favour of defendant No.1 is illegal,
void and not binding upon him, without impleading the Government
as a party defendant in the said suit, the plaintiff and defendants
therein entered into compromise. Basing on the said compromise,
the above said suit in respect of Ac.12.32 guntas is dismissed and
decreed in respect of Ac.1-37 guntas in favour of respondent No.9
and the parties obtained the decree in O.S.No.95 of 1987 by playing
fraud and the same is not binding upon respondent Nos.1 to 5.
10.2 He further contended that respondent No.6 Society is nothing
to do with the subject property. Admittedly, the subject property was
purchased by the Vidya Vardhaka Samithi, Government Junior
College, and respondent No.6 is not having any right, interest or
locus standi to donate the subject land to the Government. When
local public and petitioners have raised their voice against Chittem
Narsi Reddy, who is father of the deponent of respondent No.6 for
holding the public property illegally, the said Chittem Narsi Reddy
has come forward and agreed to hand over the entire assets of
movable and immovable to the Government by passing the
unanimous resolution. Accordingly, the then Government had
issued G.O.Ms.No.3 of 2004, Higher Education (CE.II.2) Department
dated 12.01.2004 and the entire assets have been handed over to the
Government without payment of any compensation. The question of
surrendering the land by respondent No.6 once again does not arise
and the G.O.Ms.No.1 of 2018 Higher Education (CE) Department
dated 03.01.2018 was brought into existence at the instance of
deponent of respondent No.6. He further contended that respondent
No.5 specifically stated in the counter affidavit that the subject
property belongs to the Government Junior College and respondent
No.6 has nothing to do with the subject property. He further
contended that as on today, respondent No.6 is in possession of the
subject property. The Government has not taken physical
possession, only conducted paper panchanama on 19.07.2018 even
without properly mentioning the boundaries etc. Respondent Nos.1
to 5 have not taken positive steps to protect the Government
property.
11. Submissions made by the learned Senior Counsel appearing
on behalf of respondent Nos.6 and 8:
11.1 Mr.Avinash Desai, learned Senior Counsel submits that Vidhya
Vardhak Samithi is an unregistered Educational Society, and it
purchased the land to an extent of Ac.14-29 guntas through
registered sale deed bearing document No.820 of 1970, dated
12.10.1970. When the said Samithi proposed to donate the subject
land to the Government for a Junior College, the said transfer has
not taken place on the ground that the District Educational Officer,
Mahabubnagar, Andhra Pradesh, prescribed various conditions
including cash and donation of Ac.20-00 of land is required for the
Government Junior College. In the meanwhile, Vidya Vardhak
Samithi was registered as Surya Laxmi Educational Society on
23.01.1988 and the said Society started Surya Laxmi Degree College
in 1984 by constructing buildings in an extent of Ac.10-00. He
further submitted that in O.S.No.95 of 1987 filed by the respondent
No.9, the parties therein admitted the ownership of respondent No.6
and the said suit was decreed pursuant to the memorandum of
compromise entered by the parties, wherein Ac.10-00 of land on
which Surya Laxmi Degree College was running was settled in favour
of respondent No.6 and remaining extent decided in favour of parties
through judgment and decree dated 12.12.1996 and the said Surya
Laxmi Degree College continued to run as a private aided Degree
College.
11.2 He further contended that in the year 2004, said Surya Laxmi
Educational Society requested the Government to take over a portion
of the College approximately Ac.8-13 and make it as a Government
Junior College along with taking over the Teachers and Staff.
However, in the year 2004, the Government directed the transfer of
only selected categories of teachers/staff along with the takeover of
the College, and the teachers and staff of Surya Laxmi Degree College
opposed the said take over and raised protest against it from 2004 to
2018. Finally, said transfer was completed through G.O.Ms.No.1 of
2018 dated 03.01.2018 issued by the Government, transferring
Ac.8-13 guntas of the subject land and besides the said transfer, the
name of respondent No.6 College changed into Chittem Narsi Reddy
Memorial Government Degree College, Narayanpet.
11.3 He further contended that Ac.8-13 guntas taken over by the
Government after conducting panchanama and the land of Ac.8-13
guntas is under the control of the Government. The petitioners filed
the present writ petition in the year 2017 with an intention to defame
the respondent No.6 College.
12. Submissions made by the learned Special Government
Pleader on behalf of respondent Nos.1 to 5:
12.1 Learned Special Government Pleader submits that the
Government has already taken possession of Ac.8-13 guntas of land
after conducting panchanama, dated 19.07.2018 and the Tahsildar,
Narayanpet issued proceedings dated 18.09.2021 and carried out the
changes in the revenue records re-naming the land from Surya Laxmi
Degree College, Narayanpet to Sri Chittem Narsi Reddy Memorial
Government Degree College, Narayanpet and for incorporation of the
above property in Dharani records, the same is pending before the
Chief Commissioner of Land Administration.
Analysis:
13. Having considered the rival submissions made by the
respective parties and perused the material available on record. The
main grievance of the petitioners is that the subject land to an extent
of Ac.14-29 guntas in Sy. No.461 is belonging to respondent No.5
and respondent Nos.6 to 9 are in illegal possession of the same and
respondent Nos.1 to 4 have not taken any action to resume the land
of respondent No.5 and not initiating the action against respondent
Nos.6 to 9 for trespass and recovery of damages. Whereas the claim
of respondent No.6 is that originally Vidhya Vardhaka Samithi
purchased the land to an extent of Ac.14-29 guntas through
registered sale deed on 12.10.1970 by paying valuable sale
consideration and subsequently the said Samithi was registered as
Surya Laxmi Educational Society on 23.01.1988 and therefore, the
subject property is not belonging to the Government. After perusal of
the sale deed dated 12.10.1970, it reveals that the sale deed is in
'Urdu'. The petitioners have filed translated copy of the said
document, which reveals that one Raghunath Rao Antoo executed
registered sale deed on 12.10.1970 alienating Ac.14-29 guntas of
land in Sy.No.461 situated at Pallabuzrug, Narayanpet, Makthal
Taluk with a consideration amount of Rs.1,200/- in favour of Vidhya
Vardhak Samithi, Government Junior College, Narayanpet and
making absolute sale. At that time, Secretary of the said Samithi
was Sri Saibanna S/o Dakanna Sab.
14. The record further reveals that respondent No.9 filed suit in
O.S.No.95 of 1987 on the file of Subordinate Judge, Mahabubnagar
against Vidhya Vardhak Samithi, Junior College, Narayanpet and
others seeking declaration declaring that the registered sale deed
dated 12.10.1970 executed by his father namely Raghunath Rao
Antoo who is defendant No.2 in the said suit, in favour of defendant
No.1 namely, Vidhya Vardhak Samithi, Government Junior College,
Narayanpet, is illegal, void and not binding upon him. In the said
suit, the parties have filed compromise petition under Order 23 Rule
3 of Code of Civil Procedure, 1908 vide I.A.No.817 of 1996 on
13.11.1996, wherein it is stated that defendant Nos.1, 5, 6, 7, 11, 12
and one Bhandari Saibanna have constituted an education
committee by name Vidya Vardhak Samithi at Narayanpet for
development of education. The said Vidhya Vardhak Samithi was an
unregistered body for which defendant No.7 was elected as a
President, defendant No.5 as Vice-President and Bhandari Saibanna
as Secretary to the said Samithi and the said Samithi purchased
Ac.14-29 guntas in Sy.No.461 through registered sale deed on
12.10.1970 and the said Saibanna died in the year 1973 and
President of the said Samithi and defendant No.12 also died. The
Vice-President of said Samithi, defendant Nos.5, 6, 8, 9 and 11 have
started Degree College in the year 1984 by name Surya Laxmi Degree
College and got registered Vidhya Vardhak Samithi as Surya Laxmi
Educational Society and the landed property vested in the name of
Vidhya Vardhak Samithi is merged into registered Surya Laxmi
Educational Society and is in possession. The Surya Laxmi Degree
College established by registered society is having permanent
buildings and play ground in Sy.No.461 to the extent of Ac.10-00 of
land. Plaintiff and defendant Nos.2 to 4 and other defendants
admitted the ownership of Surya Laxmi Degree College and
possession to an extent of Ac.10-00 in Sy.No.461 and defendant No.8
is in possession of Ac.0-27 guntas, defendant No.9 is in possession of
Ac.2-05 guntas and admittedly, the claim of the plaintiff is in respect
of Ac.1-37 guntas. In the said suit, defendant No.10 remained ex-
parte. Defendant Nos.7 and 12 died and the suit was abated against
them. Basing on the said compromise, the suit was decreed on
12.12.1996. It is an undisputed fact that respondent Nos.1 to 5
herein are not the parties in the said suit and plaintiff therein is not
made the Vidhya Vardhak Samithi, Government Junior College,
Narayanpet as party defendant and he made Vidhya Vardhak
Samithi, Junior College, Narayanpet as party defendant No.1.
15. As per the registration extract filed by the petitioners along
with the writ petition, Chaitanya Bharathi Educational Society was
registered on 28.08.1984 vide registration No.1395 of 1984 as per the
provisions of the Andhra Pradesh (Telangana Area) Public Societies
Registration Act, 1350 Fasli. It is also an undisputed fact that Surya
Laxmi Educational Society had purchased another agriculture land
to an extent of Ac.14-24 guntas in Sy.No.36 for the purpose of
agriculture, horticulture and research center. The subject property
claimed in the present writ petition is Ac.14-29 guntas covered by
Sy.No.461 and the other extent of Ac.14-24 guntas is in Sy.No.36
and both are totally different. It further reveals that Government of
Andhra Pradesh has issued G.O.Ms.No.3, Higher Education (CE.II.2)
Department dated 12.01.2004 taking over the Surya Laxmi Degree
College (Aided) by the Government, Narayanpet, Mahabubnagar
District, with certain conditions, which are mentioned in para No.6,
which reads as follows:
"6. Accordingly, the Government hereby direct that the
Surya Laxmi Degree College (Aided), Narayanpet,
Mahaboobnagar Dist., be taken over and transferred to the
Government under Sub-Section (1) of Section 60 of the A.P.
Education Act, 1982 from the next financial year i.e., 1-4-
2004 subject to the following conditions:-
1. All assets of movable and immovable should be handed over
to the Government without payment of any compensation.
2. Surplus staff (teaching and non teaching), shall be
transferred to needy Government Degree Colleges, in the
same zone.
3. All the teaching and non-teaching staff working in Surya
Laxmi Degree College have to take last ranks after take over
and there will be no right to them to claim seniority in
future.
4. There shall be no additional financial commitment to
Government either now or in future.
5. No member in teaching and non-teaching in unaided posts
shall be taken over.
6. The liabilities, if any, also be settled by the society, before
the take-over of the college."
16. The specific contention of the learned Senior Counsel
appearing on behalf of respondent Nos.6 and 8 is that the conditions
stipulated in the G.O.Ms.No.3 were not complied. By virtue of the
same, Government has not taken possession of the subject property
in the year 2004.
17. The record further reveals that the Government of Telangana
had issued G.O.Ms.No.1, Higher Education (CE) Department, dated
03.01.2018 transferring the respondent No.6 College staff into
Collegiate Education Service. It is very much relevant to extract the
said G.O., which reads as follows:
"GOVERNMENT OF TELANGANA
ABSTRACT
Collegiate Education - Surya Laxmi Degree College,
Narayanpet, Mahabubnagar District (renamed as Sri
Chittem Narsi Reddy Memorial Government Degree
College) Fixation of Cadre Strength of posts and
absorption of 5 Teaching and 13 Non-Teaching staff
working as on the date of the physical takeover of the
College and working as of now, into Collegiate Education
Service and payment of salaries under "010"provision on
par with the staff of Government Degree Colleges Orders-
Issued.
-----------------------------------------------------------------------
HIGHER EDUCATION (CE) DEPARTMENT
G.O.Ms.No.1 Dated: 03-01-2018.
Read the following:
1. G.O.Ms.No.173, Education (C.II) Dept.,
dt.04-05-1991.
2. G.O.Ms.No.3, Higher Education (CE. (II-2) Dept.,
dt.12-01-2004.
3. G.O.Ms.No.11, Higher Education (CE.II-1) Dept.
dt.20-02-2004.
4. G.O.Ms.No.143, Higher Education (CE) Dept.
dt:23-10-2009.
5. From the CCE, T.S, Hyd, Lr.Rc.No.801/Admn.I/
2003, dt.7-9-2015.
6. Govt. Memo No.11971/CE/A2/2008,
dt.18.02.2017, 22.04.2017 &18.07.2017.
7. From the CCE, T.S,Hyd, Lr. Rc.No.
801/Admn.I/2013, dt.4-4-2017.
8. From the CCE, T.S, Hyd, Lr. Rc.No.801/Admn.I/
2013, dt.23-5-2017,21-08-2017, 12-10-2017 &
16-12-2017.
****
ORDER:
In the reference 1stread above, the Government has
admitted 10 Degree Colleges including Surya Laxmi
Degree College (Aided), Narayanpet, Mahabubnagar
District into Grant-in-Aid.
2. In the reference 2nd read above, the Government
have directed that the Surya Laxmi Degree College (Aided),
Narayanpet, Mahabubnagar District be taken over and
transferred to the Government under Sub-section (1) of
Section 60 of the Telangana State Education Act, 1982,
from the Financial Year i.e, 01-04-2004, subject to certain
conditions.
3. In the reference 3rd read above, the Government has
directed all the categories of employees who are regularly
recruited in the Aided Degree Colleges and who are on
duty as on 01-01-1986 be exempted from passing the
National Eligibility Test/State Eligibility Test and they may
be allowed University Grants Commission Pay Scales.
4. In the reference 4th read above, the Government
have decided to take over only aided sections and aided
staff and to re-name the College as Sri Chittem Narsi
Reddy Memorial Government Degree College, Narayanpet,
Mahabubnagar District. Accordingly, Government has
directed that the orders issued in the G.O. 2nd read above
shall be implemented in toto.
5. In the circumstances stated by the Commissioner of
Collegiate Education, Telangana State, Hyderabad in the
references 5th, 7th and 8thread above and after careful
examination of the matter, the Government hereby fix the
Cadre Strength as 12 Teaching posts and 16 Non-teaching
posts (as per G.O. 1st read above and the rules in force
now) as mentioned in the Annexure-I appended to this
Order, for the Sri Chittem Narsi Reddy Memorial
Government Degree College, Narayanpet, Mahabubnagar
District, which was admitted into Grant-in-Aid by the
Govt., vide G.O. 1st read above.
6. The Government also accord permission to the
Commissioner of Collegiate Education, T.S., Hyderabad, to
absorb the services of Five Teaching Staff and Thirteen
Non-Teaching Staff as listed out in Annexure-II, as
appended to this Order (who are now working in this
College) in the vacant, sanctioned posts, from the date of
this Order, since these persons were already admitted into
Grant-in-Aid. Their absorption is ordered after due
verification that there are no disciplinary/ criminal/civil
cases pending against them and their local status is that
of Telangana and based on their Undertakings that they
will take last Rank in the relevant cadre, within the
Collegiate Education Services.
7. Accordingly, the salaries of all these persons listed in
Annexure-ll shall be paid from '010' Budget Provision on
par with the similar staff of the Govt. Degree Colleges.
8. This order shall not be treated as precedent in
future.
9. The Commissioner of Collegiate Education,
Telangana State, Hyderabad, shall take necessary action
in the matter accordingly.
10. This Order issues with the concurrence of the
Finance (HRM-II) Department vide their
U.O.No.4654/68/A1/HRM.II/2014, dt.01-11-2014 read
with U.O.No.14824/372/A1/HRM-II/2015, dt. 18-11-
2015.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF
TELANGANA STATE)
RANJEEV R. ACHARYA
SPECIAL CHIEF SECRETARY TO
GOVERNMENT"
18. Pursuant to the above said G.O., respondent No.6 College
taken over by the Government and the same was changed in the
name of "Sri Chittem Narsi Reddy Memorial Government Degree
College, Narayanpet, Mahabubnagar District." As per the documents
filed by the respondent No.6 along with the reply affidavit vide page
Nos.162 to 175, it reveals that salaries of the employees are being
paid by the Government and the said College is also running by the
Government itself. It is relevant to mention here that respondent
Nos.1, 2 and 4 in their counter affidavit stated that out of Ac.14-29
guntas, physical possession of the land to an extent of Ac.8-13
guntas in Sy.No.461 of Pallabuzrug Village of Narayanpet Mandal,
Mahabubnagar District has been handed over by Sri C.Rammohan
Reddy, Correspondent of respondent No.6-Surya Laxmi Degree
College to the Principal, Sri Chittem Narsi Reddy Government Degree
College, Narayanpet and taken possession under cover of
panchanama dated 19.07.2018. Respondent No.1 specifically stated
in para-7 of the counter that possession of the land was handed over
from Sri RamMohan Reddy, Correspondent, Surya Laxmi Degree
College, Narayanpet to Principal Sri Chittem Narsi Reddy Memorial
Govt. Degree College on 19.07.2018 and the Tahsildar, Narayanpet
vide his proceedings No.ROR B/2329/2020, dated 18.09.2021 has
carried out the changes in the revenue records i.e., re-naming the
land instead of Surya Laxmi Degree College, Narayanpet to Sri
Chittem Narsi Reddy Memorial Government Degree College,
Narayanpet and also filed copy of the letter issued by the Tahsildar,
Narayanpet to the District Collector, Narayanpet vide letter
No.B/2329/2020 dated 29.11.2021, wherein it is stated that he
submitted proposals in proforma-I for changing the nomenclature of
the said Degree College in the Dharani Portal as requested by the
Principal of Sri Chittem Narsi Reddy memorial Govt. Degree College,
Narayanpet and to issue orders or directions in the matter.
Respondent No.1 further stated that the District Collector,
Narayanpet through letter No.D/303/2024, dated Nil.03.2024
requested the Chief Commissioner of Land Administration,
Telangana State, Hyderabad to incorporate the title in respect of the
land in Sy.No.461/AA/A/1/1 to an extent of Ac.8-13 guntas in the
name of Sri Chittem Narsi Reddy Memorial Government Degree
College, Narayanpet in Dharani records and the said issue is pending
before the Chief Commissioner of Land Administration, Hyderabad.
19. It is pertinent to mention here that according to the averments
and documents filed by respondent Nos.1 and 4, it reveals that the
Government has taken possession of the land to an extent of Ac.8-13
guntas in Sy.No.461 (sub-division No.461/AA/A/1/1 (old Sy.No.461)
from Surya Laxmi Degree College, Narayanpet to Sri Chittem Narsi
Reddy Memorial Government Degree College, Narayanpet under the
cover of panchanama dated 19.07.2018 and the name of Sri Chittem
Narsi Reddy Memorial Government Degree College, Narayanpet was
recorded in the revenue records except in Dharani records and the
same is pending before the Chief Commissioner of Land
Administration, Hyderabad.
20. It is an undisputed fact that Ac.14-29 guntas was purchased
through registered sale deed bearing document No.820 of 1970,
dated 12.10.1970 by Vidhya Vardhak Samithi, Government Junior
College, Narayanpet. Whether the subject property belongs to
respondent No.5, Government or whether respondent No.6 is entitled
to claim rights over the property from Vidhya Vardhak Samithi as
well as the compromise decree dated 12.12.1996 passed in O.S.
No.95 of 1987 and whether respondent Nos.6 and 9 or other
defendants in the said suit are entitled to claim right and title over
the property, are disputed question of facts and same cannot be
adjudicated in the writ petition under Article 226 of the Constitution
of India.
21. Admittedly, out of Ac.14-29 guntas, the Government
authorities have already taken possession in respect of Ac.8-13
guntas under the cover of panchanama dated 19.07.2018.
Respondent Nos.4 and 5 have categorically pleaded in their counter
affidavit that the above said property is in their custody. Hence, the
contention of learned counsel for the petitioners that the official
respondents have not taken physical possession of the subject
property, is not tenable under law.
22. In Shalini Shyam Shetty v. Rajendra Shankar Patil 1, the
Hon'ble Supreme Court held that a proceeding under Article 226 of
the Constitution of India is not an appropriate remedy for
adjudication of property disputes or disputes relating to title. It was
further held in para Nos.59 to 61, which read as follows:
"59. It has repeatedly been held by this Court that a
proceeding under Article 226 of the Constitution is not the
appropriate forum for adjudication of property disputes or
disputes relating to title. In Mohd. Hanif v. State of
Assam [(1969) 2 SCC 782] a three-Judge Bench of this
Court, explaining the general principles governing writ
jurisdiction under Article 226, held that this jurisdiction is
extraordinary in nature and is not meant for declaring the
private rights of the parties. (See SCC p. 786, para 5 of the
Report.) In coming to the aforesaid conclusion
in Hanif [(1969) 2 SCC 782], this Court referred to the
Constitution Bench decision in T.C. Basappa v. T.
Nagappa [AIR 1954 SC 440].
60. Following the aforesaid principles in Hanif [(1969) 2
SCC 782], this Court in Hindustan Steel Ltd. v. Kalyani
Banerjee [(1973) 1 SCC 273] held that serious questions
about title and possession of land cannot be dealt with by
writ court. In formulating these principles in Kalyani
Banerjee [(1973) 1 SCC 273], this Court relied on the
Constitution Bench decision in Sohan Lal [AIR 1957 SC
529] (see SCC p. 282, para 16 of the Report).
61. Again in State of Rajasthan v. Bhawani
Singh [1993 Supp (1) SCC 306] this Court held that a writ
petition is not the appropriate forum to declare a person's
title to property. (See SCC p. 309, para 7 of the Report.)"
(2010) 8 SCC 329
23. In this public interest litigation, the disputed questions of fact
have been raised, i.e., adjudication of the rights and title of the
parties over the subject property, which cannot be adjudicated in a
proceeding under Article 226 of the Constitution of India. However,
liberty is reserved to the parties to approach the competent Civil
Court seeking appropriate relief by way of a civil suit.
24. With the aforesaid liberty, the writ petition is disposed of. No
costs.
As a sequel, pending miscellaneous applications, if any, shall
stand closed.
___________________
ALOK ARADHE, CJ
_______________________
J.SREENIVAS RAO, J
Date: 24.10.2024
L.R. Copy to be marked.
(b/o)
PGP
