MERCHANTS ASSOCIATION SURYAPET Vs. DISTRICT REVENUE OFFICER NALGONDA

JUDGEMENT

(1.) The petitioner-Association, a registered society under the Societies Registration Act, is a non-trading body, serving the needs of the merchant community, welfare and their good name at Suryapet.

(2.) On 2/02/1949, the Association approached the Civil Administrator of Nalgonda District for the grant of land measuring 4506 square yards, lying in between the Hospital and Travellers Bungalow at Suryapet. This land was then used as a public latrine and found to be in absolute insanitary condition. The Court Administrator having been satisfied that the public at Suryapet needed a public hall and library, and as the Merchants Association collected Rs. 15,000 for that purpose, granted the vacant land as there was no objection from any quarter for laying a park and a town-hall. The then Municipal Body of Suryapet, a local authority constituted under Ain (law then in operation) had no objection for the grant. The land was handed over to the petitioner-Association in 1949 (the date and month are not clear from the record). The land was granted in Exchange for an equal area on the right side of the Bungalow, belonging to the Municipality which was (in Ac. 18-80 Guntas against the land in Ac. 41-20 Guntas). The Public Works Department agreed for the exchange but raised a claim for Rs. 10,14 (OS) the difference other cost of the land. The petitioner Association was not in a position to pay this amount. However, the Government waived this claim.

(3.) The Civil Administrator approved the plan. The grant was subject to one condition (whether there were other conditions, is not clear from the record) "that the park, well, town-hall etc., constructed therein, shall be open to all communities including Scheduled classes-Harijans."