Telangana High Court
M/S Urbane Educational Society vs The State Of Telangana on 4 September, 2024
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.16199 of 2024
ORDER:
This Writ Petition is filed for the following relief:
"...to issue writ, order or direction, one more particularly in the nature of Writ of Mandamus:-
(a) Declaring the action of the respondent Nos.2 and 3 in insisting No-objection/Mutual Consent Declaration from the respondent No.4 to run the Junior College in the subject property for the renewal of the Provisional Affiliation for Urbane Junior College, Madhapur (College Code:58293) for the year 2024-25 as bad, arbitrary, illegal and violative of Article 14 and 21 of the Constitution of India and
(b) Consequently, direct the respondents to renew the provisional affiliation for Urbane Junior College, Madhapur (College Code:58923) for the year 2024-25 without insisting for the No-objection/Mutual Consent Declaration from the respondent No.4 to run the Junior College.
(c) and pass such further order/orders ..."
2. Considered the submissions of learned counsel for the parties and perused the record.
3. The brief facts of the case are that the petitioner is an Educational Society intended to cater to the needs of the poor and downtrodden community. It is also stated that initially the petitioner-Society entered into a lease agreement with respondent No.4 vide Registered Lease Deed bearing document No.3525 of 2014 dated 28.02.2014 for the premises bearing No.3-261/1, 2, 3 and ::2::
4, plot No.261, admeasuring 500 sq. yrds, situated at Guttalabegumpet Village, Serilingampally Mandal, Ranga Reddy District, for a period of five years. Subsequently, a supplementary Agreement dated 28.02.2014 to the aforesaid lease deed was entered from 28.02.2014 to 31.01.2022. It is further stated that the petitioner-Society is running a Junior College in the subject premises.
However, respondent No.4, taking advantage of the same, not only compelled the petitioner-Society to sign another Lease Agreement bearing document No.5971 of 2023 dated 18.04.2023 for a period of five years and insisted for payment of rents in cash, but also, upon completion of one year, high handedly demanded the petitioner-Society for enhancement of rent exorbitantly. As the petitioner- Society is unwilling to accede to the said demand, respondent No.4 filed a complaint dated 21.05.2024 before the Secretary of Board of Intermediate Education against the petitioner-Society on false allegations. The grievance of the petitioner is that respondent Nos.2 and 3, in turn, are insisting for No Objection Certificate/Mutual ::3::
Consent Declaration from respondent No.4 to renew the provisional affiliation for the academic year, 2024-25.
4. Respondent No.4, filed a counter affidavit, wherein it is stated that the petitioner has not paid the arrears of rent as per the terms of the Lease Deed and hence, insisted the petitioner to deposit the rent in terms of lump sum during the tenure of Lease Deed.
5. Learned Government Pleader appearing for respondent Nos.2 and 3 submitted that during the subsistence of Lease, they have no power or authority to reject the grant of provisional affiliation to the petitioner-
Society acting on the alleged complaint, submitted by respondent No.4.
6. This Court, vide order dated 26.06.2024, directed respondent Nos.1 to 3 to provide provisional affiliation to the petitioner-Society, without insisting the petitioner- Society for the No-objection/Mutual Consent Declaration from respondent No.4 to run the Junior College in the subject property.
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7. It is represented that pending adjudication of the Writ Petition, in terms of the interim order passed by this Court, the case of the petitioner has been considered and provisional affiliation has been granted in favour of the petitioner and as such, the cause in this Writ Petition no longer survives for adjudication.
8. In view of the above submission, the Writ Petition is disposed of, leaving it open to respondent No.4 to agitate her claim before an appropriate forum for deposit of arrears of rent due by the petitioner-Society, in terms of the Registered Lease Deed vide document bearing No.5971 of 2023 dated 18.04.2023. No costs.
Miscellaneous petitions, if any, pending shall stand closed.
___________________________ C.V. BHASKAR REDDY, J Date: 04.09.2024 ESP