NALGONDA TELUGU BAPTIST CHURCHES Vs. DIIT COLLECTOR

JUDGEMENT

(1.) This is a writ petition filed by Nalgonda elugu Baptist Churche Self-Supporting Field Assosiation, represented by the President T.Samuel, for the issue of a writ of certiorari or any other appropriate writ to quash the proceedings No. D/10062/81 dated 9-11-1981 whereunder the petitioner association's building bearing No. 5-4-65 at Church compound, Nalgonda, is allotted to the Principal, Government Degree College, Nalgonda.

(2.) In the affidavit filed in support of the writ petition it is stated that the said association is registered under the Hyderabad Societies Registration and that the association had some properties at Nalgonda, which were being looked after by the Property Committee. The building bearing No. 5-4-65 was let out by the petitioner-association to the District Judge, Nalgonda, for over a period of 20 years and successive District Judges occupied the building by paying the rent. Residential quarters were constructed for the District Judge, Nalgonda, in the year 1977 and therefore, the building was vacated in 1977. Thus, the building in question fell vacant. Thereafter the petitioner leased out the said building along with other properties to one P.Venkateswer Rao, the proprietor of Hotel Mamatha at Nalgonda and a registered lease-deed was executed on 23-4-1977 and possession was delivered to him on the said date. Several improvements were made to the building by spending huge amounts and the said Venkateswer Rao was residing there. After about two months, one Dubba John and 10 others who have nothing to do with the management of the petitioner-association with a view to fraudulently grab at the properties claimed rights over, these buildings and managed to see with police that proceedings under section 145 Cr.P.C. is initiated. The Sub-Divisional Magistrate, Nalgonda initiated proceedings under section 145 Cr.P.C., in M.C. No.8/79 on his file. Preliminary order was passed and after the parties filed their written statements wihthout any further proceedings the proceedings under section 145 were dropped after allotting the house to the District Collector for his residence by the Sub-Divisional Magistrate on 1-2-1979. Against the dropping of the proceedings, a revision was filed in the High Court in Crl. Revision Case No. 57/79. The High Court by its order dated 16-7-1979 set aside the order of the Sub-Divisional Magistrate and directed him to proceed with the inquiry and decide as to who was in possession of the property and to deliver the same to him. Thus, the matter was sent back to the Sub-Divisional Magistrate. On 2-6-1980 the Sub-Divisional Magistrate held that he was not able to decide about the rights of both the parties in respect of the said building and he further opined that neither of the parties were in construction to continue. Against the said order two revisions were filed, one before the Sessions Judge, Nalgonda numbered as Crl. R. C. No. 14/80 by the writ petitioner and others (second party) and the other before the High Court numbered as Crl.R.C.No. 451/80 by respondents 5 and 6 and others (first party). The criminal revision case filed before the Sessions Judge was lateron transferred to the High Gourt and numbered as Tr.Crl. Revn. Case No. 381/81. Pending the two revision cases, the said building was by order dated 9-11-1981 allotted by the Authorised Officer (Rtvenue Divisional Officer) under section 3(3) of the A.P. Building(Lease, Rent and Eviction) Control Act of 1960 (hereinafter called the Rent Control Act') in favour of the Principal Government Degree College for women, Nalgonda, which is impugned in this writ petition. Pending this writ petition, the High Court took up the revision cases and by order dated 25-ll-'82 the learned single judge held:

(3.) In this writ petition, for its disposal, the consquences following ths disposal of the revision cases have to be considered. In fact, the criminal revision cases were posted along with the writ petition for hearing but as the parties represented that the disposal of the criminal revisions will have no direct bearing on the disposal of the writ petition, they were separated and posted.