KARNATAKA HINDI PRACHARA SABHA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) AS the subject matter of these two writ petitions is the very same order, which is sought to be quashed in both the petitions, they are taken up for consideration together and disposed of by this common order.

(2.) THE petitioner in W.P.No.17777/2011 is one Vidyadara Guruji. Subsequently, by an amendment, Karnataka Hindu Prachara Sabha Gulbarga, by his Chairman Sri.Vidyadara Guruji has been substituted. The case of the petitioner is, the petitioner is the owner in possession of the land and building bearing No.717 (New No.2-684) measuring approximately 52,000 sq. ft. situated at Sedam Road, Jagat, Gulbarga. The said land was granted by the then Collector of Gulbarga vide grant file No.455/86/52 on 06.05.1954 as per Annexure 'A'. In order to promote and propagate Hindi language and patronize Kannada language in particular and other National languages, he had requested the then Hyderabad Government for grant of the said land. Accordingly, the grant was made. In fact the grant included certain old buildings. After the grant, the petitioner has obtained permission for construction of new building in the open land and renovated the existing old buildings from the Hyderabad Municipality. The petitioner has paid tax to the Corporation and khatha extract is also produced. The land along with the buildings are used and utilized only for the purpose for which it has been granted. The petitioner has not rented the building to any strange persons. The said property is utilized for the propagation of Hindi as the communication language and Kannada as the language of the State Government in Hyderabad ­ Karnataka Area. They are also conducting various examinations as prescribed by Central Hindi Prachar Sabha every year periodically. Thousands of students have obtained the Certificates issued by the petitioner ­ Institution after completion of their successful career.

(3.) IN W.P.No.81173/2012 Hindi Prachar Sabha Hyderabad and Hindi Prachar Sabha Hyderabad Trust are the petitioners. They contend that the 1st petitioner is a Society registered under the provisions of Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasil bearing registration No.101 of 1960. The 2nd petitioner is a registered Trust executed on 23.12.1965 at Hyderabad. The 1st petitioner ­ Hindu Prachar Sabha was originally established in the year 1935 at erstwhile Hyderabad State (Nizam State). The 1st petitioner has three regional branches in the State of Andhra Pradesh, State of Karnataka and State of Maharashtra. Originally, the land and building, which is the subject matter of the proceedings, was granted in favour of the 1st petitioner in the year 1954. The said land and building was handed over to the then President, Hindi Prachar Sabha on 15.08.1954, subject to the conditions laid down in the agreement. The said property was in their Management. Since the said property was situated at Sedam road, Jagat, Gulbarga, it was not shown in the registered Trust Deed of the Hindi Prachar Sabha Hyderabad Trust. A subsidiary Trust was formed under the name and style of Karnataka Hindi Prachar Sabha Trust Gulbarga, which was executed on 10.09.1993. Sri.Vidyadhar Guruji, who is the Chairman of the Karnataka Hindi Prachar Sabha Trust, Gulbarga started acting unilaterally and in an autocratic fashion and allowed his son Sri.Ashok Guruji to occupy and enjoy part of the Trust property at Gulbarga for his residence and using another portion for running canteen (Food Centre) for sale of food items and further letting out a portion of the trust property for running a gym and another portion for establishment of Hero Honda Showroom, which were in total contravention of the aims and objections of the Hindi Prachar Sabha Hyderabad, of which Karnataka Hindi Prachar Sabha, Gulbarga is its regional branch. Therefore, the petitioners were constrained to file a suit in O.S.No.3/2006 on the file of the Principal District Judge at Gulbarga against Karnataka Hindi Prachar Sabha Trust, Gulbarga seeking a decree for removal of Sri.Vidyadhar Guruji as Trustee and Chairman of Karnataka Hindi Prachar Trust, Gulbarga while seeking further directions against him to deliver possession of all the properties of the said Trust as well as properties at Yadgir to the Managing Trustee of Hindi Prachar Sabha Hyderabad Trust. Along with the said suit, petitioners have also filed an application seeking appointment of a Receiver for administration of the said properties pending disposal of the suit on merits. They have also warned Sri. Vidya Guruji not to use the building and land at Sedam Road Jagat, Gulbarga for the purposes other than, for which it has been meant. He has ignored their warnings. It is in this background now an impugned order is passed canceling the grant and resuming the land by the State. On coming to know of the connected writ petitions filed by the petitioners therein challenging the impugned order, they also filed an application to implead themselves and they are impleaded. However, independent of the same, they also wanted to challenge the said order as the said order adversely affects their interest as it is their property, which is sought to be resumed by the Government for no fault of them.