KANCHI KAMAKOTI PEETAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to declare the inaction of respondent No. 3 in amending the Record of Rights (ROR) by incorporating the name of the petitioner-Trust as the pattadar of Ac. 1-14 cents in Sy. No. 249, Ac. 8-39 in Survey. No. 252, Ac. 7-02 cents in Sy. No. 253, Ac. 6-29 in Sy. No. 254, Ac. 4-40 cents in Sy. No. 255, Ac. 3-46 cents in Sy. No. 256, Ac. 5-12 cents in Sy. No. 258, Ac. 0-16 cents in Sy. No. 259 and Ac. 18-66 cents in Sy. No. 269 of Kurukalva village and Ac. 5-36 cents in Sy. No. 97 of Kothapalem village, Renigunta Mandal, Chittoor District, as illegal and arbitrary. I have heard Sri E. Manohar, learned Senior Counsel appearing for Sri A. Chandraiah Naidu, learned counsel for the petitioner, and Sri K.G. Krishna Murthy, learned Additional Advocate General, appearing for the respondents.

(2.) The petitioner is a joint venture of Sri Kanchi Kamakoti Peetam (for short "the Peetam") and Sri Venkateswara Institute of Medical Sciences (SVIMS) constituted for the purpose of establishment of a medical college. The State Government issued G.O.Ms. No. 1404, Revenue (Assignment-IV) Department, dated 03.11.2007, whereunder it has agreed for alienation of Acs. 60.00 of Government land in Survey Nos. 218, 88 etc., of Kurukalva and Kothapalem Villages, Renigunta Mandal, Chittoor District in favour of the Peetam and SVIMS for establishment of a Health Education Medical Trust and also for alienation of Acs. 91.45 cents in Survey Nos. 249, 96/4 etc., of the said Villages in favour of SVIMS for construction of University Buildings, College, Pharmacy etc., on payment of Rs. 75,000/- per acre. It is not in dispute that in pursuance of the said CO., steps were initiated for construction of a Hospital and establishment of a Medical College. On 11.08.2010, a Memorandum of Understanding (MOU) was entered into between the Peetam and SVIMS about various aspects, including the composition of the Trust and its management etc. Later, the State Government has issued G.O.Ms. No. 116, Revenue (Assignment-IV), dated 14.02.2011, according permission to respondent No. 2-District Collector, Chittoor for exchange of Acs. 60.00 in various survey numbers from the SVIMS to the petitioner-Trust and another extent of Acs. 60.00 in various survey numbers from the petitioner-Trust to the SVIMS. In pursuance of the said G.O. a transfer deed was executed between the SVIMS and the Peetam on 2-2-2012 under which an extent of Ac. 60-00 was transferred to the latter. In pursuance of the MOU and subsequent to the execution of the transfer deed, the Peetam has paid a sum of Rs. 12,93,12,000/- towards cost of the unfinished structures raised by the SVIMS over the land of Ac. 60-00 prior to the exchange in favour of the petitioner-Trust in addition to the payment of Rs. 45 lakhs through Treasury challan dated 27-8-2012 towards the cost of Ac. 60-00 of land to the Government.

(3.) The petitioner has pleaded that it has applied to the Medical Council of India (MCI) for permission for starting the medical college and that one of the requirements for grant of permission by the MCI is the filing of document of title over the land on which the college is proposed to be constructed. In order to establish the right of the petitioner over Ac. 60-00 of land, the petitioner has applied to respondent No. 3 for entering its name in the ROR in respect of the said land. As no action was taken on the said application, the petitioner filed the present Writ Petition.