A KONDAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ appeal preferred against the order of the short question that is raised relates to the scope and applicability of Rule 3 (b) of The Andhra Pradesh (Telangana Area) Alienation of State Lands and Land Revenue Rules, 1975 (hereinafter referred as "the Rules"). The question is whether Loyola High School Karimnagar, managed by the Jesuit Province Society, Hyderabad registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli (Act 1 of 1350 Fasli) is an association or society falling within the meaning of Rule 3 (b) of the Rules. The question arises under the following circumstances.

(2.) S. No. 107 of Rekurthi village Karimnagar taluk is 'Bancharai' land measuring Ac. 27-00. The Management of Loyola High School,. Karimnagar, requested the District Collector for alienation of, on payment of the market value of the land, Ac. 25.34 out of survey No. 107 for establishing a Telugu medium High School and a Junior College at a later date. The application was made on 1-9-1980. On receipt of the application, the application was processed duly observing the formalities under the Rules. The Revenue Divisional Officer, Karimnagar recommended the alienation. On receipt of the proposals from the Revenue Divisional Officer, the Collector by his letter dated 4-9-1980 recommended to the Commissioner of land Revenue, to recommend to the Govt. for the alienation of the land in favour of the Loyola School. The Commissioner of Land Revenue in his turn recommended to the Government on 23-9-1980 for sanction on payment of the market value of Rs. 1,000/- per acre. Meanwhile in his proceedings dated 30-6-1981 the Collector ordered the Tahsildar to hand over possession of Ac. 25-34 to the school authorities for construction of the buildings on payment of the market value of the land. The Government by G.O. Ms. No. 23 Revenue Department dated 6-1-1982 accorded sanction for the alienation of Bancharai land measuring Ac. 25.34 in Survey No. 107 of Rekurthi village Karimnagar District, in favour of the Loyola School Authorities for construction of buildings for a Telugu Medium High School and later a Junior College on payment of the market value of Rs. 1,000/- per acre. Aggrieved by the said sanction 50 persons claiming to be residents of Rekurthi village filed a writ petition No. 8001 of 1981 seeking to restrain the Government from alienating any portion of the land in Survey No. 107 of Rekurthi village in favour of the Loyola School authorities.

(3.) Before the learned single Judge, two contentions were urged by the learned counsel for the petitioners, Mr. C. Ananda Rao. (1) The Government had no power to alienate the land which is poramboke land and vested in the gram panchayat in view of the provisions of Section 67 of the Andhra Pradesh Gram Panchayats Act, (2) No application was made by any Society registered under the Indian Companies Act and therefore the alienation of the land in favour of Loyola School authorities under the impugned G O., was violativc of Rule 3 (b) of the Rules and the alienation was therefore invalid.