SATHYA SAI VRUDDHASHRAMAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is a society registered under the Societies Registration Act, in the year 2001. With a view to establish a Home for aged, disabled destitute and women of Hindupur, Madakasira, Chilmathur and Pargi Mandals, it purchased an extent of Acs. 3.18 cents of land in Sy. No. 457-IC of Srikantapuram Village of Hindupur Mandal, through a sale deed dated 15.7.2010. The purchase was preceded by a 'No Objection Certificate' issued by the District Collector, Anantapur, the 1st respondent herein, on 22.10.2008. The petitioner submits that in the immediate neighbourhood of its land, there exists Government land in Sy. No. 458-2, admeasuring Acs. 4.97 cents, and that the same has been allotted for providing house sites to the eligible poor, in the recent past. The petitioner contends that some persons and leaders in the locality, who did not relish the coming into existence of a home for the aged, disabled and destitute persons, submitted a complaint dated 19.5.2010, to the 1st respondent, alleging that house site pattas in the Government land were made to ineligible persons, and the land in Sy. No. 457-1C was encroached. The 1st respondent is said to have called for a report from the Tahsildar, Hindupur Mandal, the 2nd respondent.

(2.) The 2nd respondent issued a notice dated 10.6.2012 to the petitioner, stating that one, Sri V. Paramesappa of Hindupur submitted a representation to the 1st respondent, alleging that Acs. 3.18 cents of land in Sy. No. 457-IC of Srikantapuram Village was encroached by the petitioner; proceedings are pending in the High Court, and that since the 1st respondent directed enquiry into the matter, no further activity can be taken up over the land. The petitioner challenges the said notice. It is stated that the construction of rehabilitation centre for the aged, disabled and destitute has progressed to a substantial extent, and material worth Rs. 4 lakhs is lying over the land. It is also pleaded that Paramesappa, a retired Head Master, has the habit of harassing the people in the locality, and that there is no basis for the impugned orders. Since reference was made to a writ petition tiled by Paramesappa, being WP No. 34099 of 2011, extensive arguments submitted by the learned Counsel for the parties were heard.

(3.) The petitioner organization was registered with a noble objective of helping the aged, disabled and destitute persons, particularly from women. Normally, any citizen, who comes in contact with such an organization, would tend to take part in it, or to extend help. The purchase of the land made by the petitioner was preceded by a 'No Objection Certificate', issued by the 1st respondent. Left to themselves, none of the authorities of the Government in any department have caused any hindrance to the activities of the petitioner. As a matter of fact, the Government land ought to have been assigned to such organizations. The trouble started with the submission of a representation by Sri Paramesappa.