KOTA VIDYA SANGHA Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA

JUDGEMENT

(1.) This appeal is preferred for setting aside the order dated 22.09.2015 passed by the learned Single Judge in W.P. No.35846/15 and has prayed to allow the writ petition and grant the reliefs as prayed for.

(2.) The facts leading to this appeal are that, the appellant Kota Vidya Sangha which is a registered society is imparting education to the students from various backgrounds by establishing educational institutions like Pre University College, Girls High School, English Medium High School. The appellant with an intention to set up junior college approached the government for grant of land. The government was pleased to grant certain immovable property measuring 5 acres in Sy.No.12/4A of Gundmi village, Udupi taluk on lease for a period of 30 years during Dec. 1973 and a registered lease deed was executed in favour of the appellant. The said lease was cancelled on 24.6.1997 by the Deputy Commissioner which was challenged in W.P. No.17564/1997. The writ petition was allowed by order dated 01.06.1999 setting aside the order of cancellation of lease and directed the Deputy Commissioner to afford an opportunity to the appellant. On remand the objections were filed before the Deputy Commissioner. In order to put an end to the litigation the appellant consented for grant of 1 acre land in favour of Mogaveera Sangha out of the land leased out to the appellant. Then the Deputy Commissioner passed an order dated 11.2.2002 granting 1 acre land in favour of Mogaveera Sangha and to consider the renewal of lease in respect of the remaining portion of the land to the appellant. In pursuance of the said order the recommendation was made to the Divisional Commissioner to accord approval for grant of 1 acre land in favour of Mogaveera Sangha for a consideration of Rs.4,26,520/- and other incidental charges. Thereafter the appellant made representation dated 21.6.2002 to renew the lease for a period of 99 years and yet another representation dated 31.7.2002 was also made to the Deputy Commissioner to consider the government grant of 4 acres land to the appellant society as the said institution is imparting education and the land is also utilized for a college. The Deputy Commissioner, it is stated, considered the representation and conducted a spot inspection, drew a mahazar, published a notice and passed an order dated 16.7.2003 recommending to the State Government to grant land measuring 4 acres in Sy.No.12/4A in terms of Rule 18(3) of Land Grant Rules, 1969 (for short Rules) at the rate of Rs.4 lakh per acre. The Deputy Commissioner, it is said addressed another letter dated 9.3.2004 to the State Government to consider the grant of land in favour of the appellant at the rate of Rs.4,26,520 being the rate at which 1 acre land was granted to Mogaveera Sangha. In the light of new guidelines issued by the Government with regard to grant of land, the Deputy Commissioner is said to have submitted a further detailed revised recommendation to the Government on 14.6.2000 for grant of 4 acres land in Sy.No.12/4A in favour of appellant. In pursuance of the said recommendation the State Government has passed an order dated 17.01.2006 considering the recommendation of the Deputy Commissioner and accorded approval for grant of 4 acres land in favour of petitioner to be used as a play ground for an English Medium School after calculating the market value and other incidental charges. Then the Deputy Commissioner addressed a letter dated 11.10.2006 to the appellant to deposit a sum of Rs.1,00,87,300/- being the value of the land, calculated at the rate of Rs.25 lakh per acre being the market value and Rs.87,200/- being the conversional fee as per Annexure 'L'.

(3.) The appellant made a representation dated 23.10.2006 to the Deputy Commissioner to reduce the value of the land who in turn addressed a letter dated 15/18.12.2006 to the State Government seeking permission to grant the land at the rate of Rs.4,26,520/- per acre. Another letter dated 17.12.2007 was also addressed to the Deputy Commissioner. As there was no response either by the Deputy Commissioner or the government, the appellant filed the writ petition to direct the respondents to calculate the value of the land as fixed by the Deputy Commissioner vide his order/ recommendation dated 16.07.2003 at the rate of 4 lakhs per acre and for issuance of a formal order of grant pursuant to the Government Order dated 17.1.2006. The writ of mandamus was dismissed by the learned Single Judge. Being aggrieved by the said order dated 22.09.2015 the appellant has come up in appeal.