JYOTHI EDUCATION SOCIETY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant in W.A. No.850 of 2001 and the petitioner in W.P.No.9609 of 2001 are one and the same. During the course of hearing of the writ appeal, we suggested to the learned counsel for the parties that the writ petition could also be taken up for hearing along with the writ appeal so that the controversy raised in the writ petition could be decided. The learned counsel agreed to our suggestion and as such, the writ appeal and the writ petition are taken up for decision and we dispose of the same by the following common order: Before we decide the issue raised in the writ petition, few facts are set out for proper appreciation of the case of the writ petitioner as well as the respondents. For the sake of convenience the parties are referred to with their status in the writ petition.

(2.) The writ petitioner-Jyothi Education Society, Vijayawada was established in the year 1964 under Regd. No.95/1964. The object of the petitioner-Society is to establish educational institutions. According to the petitioner-Society, it established High Schools, Junior Colleges, Degree Colleges and Post Graduate Centres, which are recognized and affiliated to the Board of Intermediate Education and other respective Universities.

(3.) In the year 1964, the petitioner-Society established an English Medium School at Vijayawada named as Jyothi Bala Mandir High School, Vijayawada. The petitioner approached the Irrigation Department for allotment of lands in Vijayawada Town in N.T.S. No.627/A, M-1/3-4 on Eluru Canal belonging to P.W.D. for release. On the basis of the recommendations of the Chief Engineer, Major Irrigation/2nd respondent, the Government of Andhra Pradesh, issued G.O..MS. No.287, dated 13-3-1969 permitting 2nd respondent to lease out an extent of 1000 sq. yards to the petitioner-Society for a period of 25 years on a nominal rent of Rs.10.50 ps. per plot per month and permitted the petitioner-Society to construct buildings. The Government also issued yet another G.O. i.e., G.O. Ms. No.1106, dated 16-8-1971 according sanction to lease out P.W.D. site measuring 1032 1/3 sq. yards in favour of the petitioner-Society for a period of 25 years on a nominal rent at Rs.10-50 ps. per plot (at the same rate as was fixed pursuant to G.O.Ms. No.287, dated 13-3-1969) and also permitted the petitioner-Society to construct buildings. The Government of Andhra Pradesh later issued Memo No.3338-S2/71-l, dated 17-9-1971 amending G.O.Ms. No.1106, dated 16-8-1971 whereby the entire area situated between the site already leased out to the petitioner-Society and Kannada Seva Sangham in N.T.S. No.627-A was allotted to the petitioner-Society. Thus in all an extent of 3283 sq. yards of land was leased out to the petitioner-Society by way of three different proceedings, dated 13-3-1969,16-8-1971 and 17 9-1971 respectively for a period of 25 years. The 1st lease granted pursuant G.O.Ms. No.287, dated 13-3-1969 expired by 13-3-1994; the second lease granted pursuant to G.O.Ms. No.1106, dated 16-8-1971 expired by 16-8-1996 and the third lease granted pursuant to Memo No.3338-S2/71-l, dated 17-9-1971 expired by 17-9-1996.