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Andhra Pradesh High Court - Amravati

The Government Junior College ... vs The State Of Anahdra Pradesh on 18 September, 2019

Author: Cheekati Manavendranath Roy

Bench: C.Praveen Kumar, M.Satyanarayana Murthy, Cheekati Manavendranath Roy

 THE HON'BLE THE ACTING CHIEF JUSTICE C.PRAVEEN KUMAR
                          AND
 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                        Writ Appeal No.52 of 2019

JUDGMENT:

(per Hon'ble Sri Justice Cheekati Manavendranath Roy) This Writ Appeal arises out of the order dated 19.03.2019 passed in W.P.No.2953 of 2019 whereby the learned Single Judge dismissed the said writ petition on the ground that the writ petitioner has no locus standi to file the Writ Petition.

For the sake of convenience, the parties herein will be referred to as they are arrayed in the Writ Petition.

Concise statement of facts leading to the lis in this Writ Appeal may be stated as follows:

The land in an extent of Ac.18.74 cents in Survey No.693 of Rayachoty village and Mandal was acquired by the State Government at the instance of the District Board under the provisions of the Land Acquisition Act, 1894, by Awards dated 26.12.1930, 28.01.1933 and 16.11.1951 for the purpose of establishing a Government High School and to construct a building for the said Government High School.

After acquiring the land, the District Board constructed a building for Government High School on the said land on 28.01.1933. Subsequently, Government Junior College was also established in the said premises in the year 1969 and thereafter, Government Degree College was also commenced in the said premises in the year 1978. Dr.B.R. Ambedkar 2 HACJ & CMR,J.

University was also established in the said premises in the year 1992.

Out of the total extent of Ac.18.74 cents of land, an extent of Ac.6.23 cents was in occupation of the 7th respondent-Shahi Zamia Mosque Committee, Rayachoty and part of the open land is being used by several persons unauthorisedly. Respondent No.6-A.P. State Wakf Board, and respondent No.7-Shahi Zamia Mosque Committee made representations to the Government for re-conveyance of the land in an extent of Ac.4.00 cents covered by Survey No.693/1B1 of Rayachoty village. They also earlier filed a Suit in O.S.No.110 of 1998 before the Andhra Pradesh Wakf Tribunal seeking mandatory injunction directing the Government to resume the land, which was acquired earlier, to its original owners and for permanent injunction restraining the defendants therein from carrying out any construction activity in the said land. The said Suit was dismissed by the Wakf Tribunal on the ground that once the land was acquired under the Land Acquisition Act that the land vests with the State and the State becomes absolute owner of the said land and as such no direction to restore the land to its original owners can be given in a Suit. The plaintiff therein, being aggrieved by the judgment and decree of the Andhra Pradesh Wakf Tribunal, filed W.P.No.22684 of 2009 before this Court and this Court passed an order of status quo on 23.10.2009. The Government Junior College 3 HACJ & CMR,J.

Committee, Rayachoty filed W.P.M.P.No.41779 of 2013 in the above writ petition i.e. W.P. No.22684 of 2009 to permit the Committee to construct a compound wall around the land in an extent of Ac.12.50 cents covered by building and play ground. This Court passed the following Order:

"that an extent of Ac.6.23 cents out of the total land of Ac.18.74 cents was already occupied for the purpose of residential houses and for merchant mandis and it is in Survey No.693/1A. The rest of the land of Ac.12.51 cents is in S.No.693/1B, 693/1C and 693/2. The petitioners in the present application want to donate some funds and are requesting the District Collector to take necessary steps for construction of compound wall. In the said circumstances, there cannot be any objection to the writ petitioner for construction of compound wall, which per se, does not vest any right in any person other than those who have title to the land. In the circumstances, it is open to the petitioner to deposit the amount with the 4th respondent for the purpose of construction of compound wall covering the area where the educational institutions and the open area are situated and 4th respondent may take necessary steps for construction of compound wall in accordance with the Government orders. However, it is made clear that the construction of the compound wall does not create any right or title either in the petitioner or divest such right in the contesting respondents."

On 05.05.2016 an errata gazette notification was issued notifying the subject land as Wakf property attached to the Shahi Zamia Mosque Committee. The said notification was challenged in W.P.No.21248 of 2017 and this Court granted interim order on 04.07.2017 directing the respondents therein to proceed with the construction of the compound wall as per earlier order dated 29.06.2015 passed in WPMP No.41779 of 2013 observing that the said directions may not 4 HACJ & CMR,J.

come in the way to decide the correctness of the notification. As the District Collector, Kadapa, failed to comply with the above orders dated 29.06.2015, Contempt Case No.616 of 2017 was filed and the same is pending.

While things stood thus, the Principal Secretary to Government, Education Department, State of Andhra Pradesh and the District Collector, Kadapa, passed the impugned proceedings alienating the land in an extent of Ac.4.00 cents in Survey No.693/1B1, out of Ac.12.50 cents of Rayachoty village in favour of respondent Nos.6 and 7, the Andhra Pradesh Wakf Board and Shahi Zamia Mosque Committee, on payment of existing market value of the said land for the development of institutions, infrastructure as per Rules after duly evicting the encroachers, who occupied the land, for improving economic and living conditions of Muslims in Rayachoty.

Challenging the said proceedings in alienating Ac.4.00 cents of land, the Government Junior College Committee filed the Writ Petition.

At the time of hearing the Writ Petition, on the ground that the Junior College in question is a Government institution and the petitioner-Committee has no independent cause of action to file the Writ Petition, the learned Single Judge taken up the issue relating to maintainability of the Writ Petition filed by the Junior College Committee on the ground of locus standi to file the Writ Petition by the 5 HACJ & CMR,J.

petitioner-Committee. So, the learned Single Judge framed the following preliminary issue for consideration:

"Whether the petitioners in the Writ Petition have any locus standi to file the present Writ Petition against the State questioning the impugned proceedings?"

Having framed the aforesaid preliminary issue, the learned Single Judge held that the Writ Petitioner, the Government Junior College Committee, Rayachoty, is not a registered body or association and as such, it did not attain the status of a juristic person to maintain Writ against the State for its alleged wrongs. However, a Public Interest Litigation is maintainable in the larger public interest. It is further held that the counsel for the petitioner failed to persuade and convince the Court about the locus standi of the petitioner to maintain the Writ against the State. Therefore, the Writ Petition is dismissed.

In fact, as can be seen from the impugned order, it appears that two Writ Petitions are filed challenging the proceedings of the Government in alienating the said Ac.4.00 cents of land to respondent Nos.6 and 7. One writ petition was filed by the Government Junior College, Rayachoty Town and Mandal, represented by its Principal in W.P.No.2833 of 2019 and the other writ petition in W.P.No.2953 of 2019 was filed by the Government Junior College Committee, Rayachoty, rep. by its Secretary, the present appellant herein. The learned Single Judge by a common order, dated 6 HACJ & CMR,J.

19.03.2019 dismissed both the Writ Petitions, filed by the Government Junior College, Rayachoty Town and Mandal, represented by its Principal and the Government Junior College Committee, Rayachoty, rep. by its Secretary, while answering the above preliminary issue that they have no locus standi to file the Writ Petitions questioning the action of the Government. However, it appears from the record that the Government Junior College, Rayachoty rep. by its Principal did not file any Writ Appeal questioning the impugned order of the learned Single Judge. Only the Government Junior College Committee rep. by its Secretary, the petitioner in W.P.No.2953 of 2019, filed this Writ Appeal being aggrieved by the impugned order of the learned Single Judge, We have heard Sri V.R. Reddy Kovvuri, learned counsel for the appellant and learned Advocate General for Government Pleader for Revenue for respondent Nos.1 to 5 and Sri S.Arifulla, learned Standing Counsel for A.P. Wakf Board-6th respondent and M/s. Sodum Anvesha and D.S.R. Mythreyi, learned counsel for 7th respondent.

As could be gleaned from the facts emanating from the material available on record, the dispute involved in this Writ Appeal had a checkered history. The total extent of land i.e. Ac.18.74 cents in Survey No.693 of Rayachoty village, which originally belongs to some private owners, was acquired long back by the Government under the provisions of the Land 7 HACJ & CMR,J.

Acquisition Act by awards dated 26.12.1930, 28.01.1933 and 16.11.1951 for the public purpose of establishing a Government High School and to construct a building for the said Government High School. Accordingly a Government High School is being run in the said premises. The record reveals that subsequently, Government Junior College, Government Degree College and Dr.B.R. Ambedkar University were also established in the said premises respectively.

The A.P. Wakf Board and Shahi Zamia Mosque Committee, who are respondent Nos.6 and 7, seems to have submitted representations to the Government for allotment of part of land out of the said acquired land for the purpose of improving living conditions of Muslims and for development of institutions and infrastructure for Muslims. In fact they have also earlier filed a Suit in O.S.No.110 of 1998 before the Andhra Pradesh Wakf Tribunal, Hyderabad, against the State of Andhra Pradesh, District Collector, Kadapa, the Principal, Government Junior College, Rayachoty and also against the appellant herein, the Government Junior College Committee, Rayachoty, and others seeking a decree of mandatory injunction directing the State Government to resume a part of the land acquired by the Government to its original owners. On contest by the defendants therein, the said Suit was dismissed by the A.P. Wakf Tribunal on the ground that once the land was acquired by the State Government under the provisions of the Land Acquisition Act, that the ownership of 8 HACJ & CMR,J.

the land stands vested with the Government and Government becomes absolute owner of the said land and no direction to the State Government to resume the land to its original owners can be given in a Suit. Thereafter, respondent Nos.6 and 7, who are the plaintiffs in the said Suit, also filed W.P.No.22684 of 2009 before this Court being aggrieved by the said judgment and decree of the Wakf Tribunal. The appellant herein, the Government Junior College Committee, also filed W.P.M.P. No.41779 of 2013 in the said W.P.No.22684 of 2009 to permit the Committee to construct a compound wall around the land in an extent of Ac.12.50 cents covered by building and play ground of the said College. As already noticed supra while narrating the pleadings in this Writ Appeal, this Court has passed an interim order in the said W.P.M.P.No.41779 of 2013 permitting the Government Junior College Committee to deposit the amount with the 4th respondent therein for the purpose of construction of compound wall covering the area where the educational institutions and the open area are situated and permitting the 4th respondent therein to take necessary steps for construction of compound wall. However, it is made clear in the said order that the construction of the compound wall does not create any right or title either in the petitioners or divests such right in the contesting respondents therein. Respondent No.7-Shahi Zamia Mosque Committee preferred Writ Appeal No.1088 of 2015 against the said interim order 9 HACJ & CMR,J.

dated 29.06.2015 and the Division Bench of this Court by its judgment dated 07.06.2016 dismissed the said Writ Appeal. The said Writ Appeal was filed by 7th respondent-Shahi Zamia Mosque Committee showing the Government Junior College Committee, the appellant herein, as the 1st respondent. The members of the said Government Junior College Committee are shown as other respondents in the said Writ Appeal.

Thus, as could be seen from the earlier legal proceedings which took place before the Wakf Tribunal and also before this Court, it is evident that the elite of the Rayachoty Town formed into a Committee in the name and style of 'Government Junior College Committee' and they have been agitating for certain rights in the interest of the student community, in particular, and the public at large of Rayachoty Town to establish various educational institutions including an University within the premises of said land that was allotted by the Government for the purpose of running the said educational institutions after the same was acquired by the Government. Even respondent Nos.6 and 7, the A.P. State Wakf Board and Shahi Zamia Mosque Committee, have shown this Government Junior College Committee, the petitioner in the Writ Petition and the appellant herein, as a party to the Suit filed by them before the A.P. Wakf Tribunal and also as a party to various Writ Petitions and Writ Appeals filed by them. The Wakf Tribunal and also this Court in all the said cases relating to previous litigations entertained the 10 HACJ & CMR,J.

same. Never has there been any demur regarding the locus standi of the said Government Junior College Committee to represent the said College in respect of various legal proceedings instituted in respect of disputes relating to the College. Therefore, when the Government Junior College Committee was shown as a party to all the legal proceedings and the same are entertained, it cannot be said under any stretch of reasoning that the Government Junior College Committee has no interest in the affairs of the College and that it has no locus standi to file the Writ Petition questioning the alienation of part of the land that was allotted to the said College i.e. Ac.4.00 cents of land out of the total extent of Ac.18.74 cents in Survey No.693 of Rayachoty village to respondent Nos.6 and 7 by the Government. Although the Government Junior College Committee has no personal interest in the affairs of the College, as a Committee, which is interested in the affairs of the College, they have right to question the action of the Government in alienating part of the land that was allotted to the College to respondent Nos.6 and 7. Whether the said alienation is valid or not is altogether a different aspect which is to be considered in the main Writ Petition. But, their right to initiate legal proceedings by way of filing the Writ Petition to challenge the said proceedings of the Government in alienating or proposing to alienate the land belonging to the College cannot be 11 HACJ & CMR,J.

curtailed on the ground that they have no locus standi to file the Writ Petition and that too as a preliminary issue.

As already noticed supra, at the cost of repetition, it is to be held that in all the previous legal proceedings including the Writ Petitions filed before this Court, when the Government Junior College Committee was shown as a party to the said litigation, this Court entertained the same. Most importantly it is relevant to note that this Court even permitted the Government Junior College Committee to construct a compound wall covering the area where the educational institutions and open area are situated in W.P.M.P.No.41779 of 2013 in W.P.No.22684 of 2009 and the said order was also confirmed by the Division Bench in Writ Appeal No.1088 of 2015 preferred by respondent No.7-Shahi Zamia Mosque Committee. Therefore, it is evident that the Courts have also recognized the existence of the said Government Junior College Committee and entertained the litigations filed by the Committee and against the Committee also.

The grievance of the appellant in this Writ Appeal is also that the learned Single Judge has initially passed an oral order without giving any opportunity to the petitioner to file any additional affidavit regarding the said plea of locus standi and as such, they could not elaborate their submissions before the learned Single Judge to prove that they got locus standi to file the Writ Petition. As can be seen from the 12 HACJ & CMR,J.

material available on record, it is a fact that the learned Single Judge initially passed an oral order and thereafter, passed the common order and held that the Government Junior College Committee is not a registered body or association and as such, it did not attain the status of a juristic person and it cannot file a Writ Petition against the State for its alleged wrongs and only Public Interest Litigation is maintainable and thereby dismissed the Writ Petition solely on the ground that the petitioners have no locus standi to file the Writ Petition and that it is not maintainable. However, the learned Single Judge did not take into consideration the fact that earlier this Court entertained the cases filed by the Wakf Board and the Shahi Zamia Mosque Committee against the said Government Junior College Committee and also by the Government Junior College Committee against the said Wakf Board and the Shahi Zamia Mosque Committee, as discussed supra, before deciding the said question of locus standi of the Government Junior College Committee to file the Writ Petition. At any rate, the issue of locus standi, requires deep examination and it cannot be decided at the threshold. It has to be decided along with other merits of the Writ Petition.

Therefore, in the said fats and circumstances of the case and particularly in the light of the fact that earlier litigation entertained inter se the parties to the Writ Petition, we are constrained to set aside the impugned order and remand the 13 HACJ & CMR,J.

Writ Petition to the learned Single Judge to dispose of the Writ Petition on merits in accordance with law. It is open to the respondents therein to raise the plea of locus standi of the petitioners to file the Writ Petition and it is also open to the petitioners therein to file their written submissions in support of their contention that the Government Junior College Committee got locus standi to file the Writ Petition and upon considering the rival contentions of both the parties on the said issue of locus standi, along with merits of the Writ Petition, the said Writ Petition has to be disposed of in accordance with law.

With above observations, the Writ Appeal is allowed. No costs. Consequently, miscellaneous applications, pending if any, shall also stand closed.

________________________________________________ ACTING CHIEF JUSTICE C. PRAVEEN KUMAR ________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:18-09-2019.

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