N ANNAPURNA Vs. DISTRICT COLLECTOR CHITTOOR DISTRICT

JUDGEMENT

(1.) PETITIONERS seek a writ of mandamus to declare the action of the respondents in seeking to dispossess them on 15. 1. 1998 and their continued effort to prevent them from continuing to enjoy the buildings and other institutions in sy. Nos. 1020 (3) and 1020 (6) of Patnam village, Thavanampalli Mandal, Chittoor district as illegal and arbitrary and to refrain the respondents from interfering with their rights from running the college and other religious institutions in the buildings constructed by them in the land in question. First petitioner is the Managing Trustee of the second petitioner - Sri Sai Charitable trust (hereinafter referred to as 'trust' ).

(2.) PETITIONERS submit that they are in occupation and enjoyment of the buildings constructed for the use of the trust in sy. Nos. 1020/3 and 1020/6 admeasuring ac. 2. 70 cents and Ac. 0. 28 cents respectively totalling Ac. 2. 98 cents situated at Patnam village, Thavanampalli Mandal, Chittoor district. One Mr. Markandeya Naidu was the absolute owner of an extent of Ac. 3. 43 cents in Sy. No. 1020/3 of the said village of erstwhile Bangarupalyam Taluk and the said village subsequently became a part of Thavanampalli Mandal. The said markandeya Naidu gifted the said property to his sister - Bharathi under a registered settlement deed dated 4. 3. 1976; thereafter she was in possession of the said property until she leased out the said property in favour of the first petitioner vide registered lease deed dated 31. 3. 1988 for period of 60 years. Thus, it is stated that the first petitioner came into possession of the entire land which originally belonged to markandeya Naidu, gifted to his sister -Bharathi. It is further submitted that the markandeya Naidu purchased the said property under a registered sale deed dated 5. 11. 1973 executed by one Mr. K. Sivam, s/o. Kolla Krishnama Naidu.

(3.) PETITIONERS further submit that a trust was created on 2. 4. 1988 and the first petitioner being one of the trustees permitted the trust to takeover the land for achieving the objects of constructing buildings for educational institutions. The entire land i. e. Ac. 3. 43 cents was part of Sy. No. 1020 and by virtue of sub-division the same was subdivided as Sy. Nos. 1020/3 and 1020/6 with extents Ac. 2. 70 cents and Ac. 0. 28 cents respectively. The said Bharathi also executed a Power of Attorney in favour of the first petitioner in 1991. While so, when the District Collector passed resumption orders in Roc. No. B2/10708/97 dated 19. 8. 1997 directing the Mandal Revenue officer to takeover the possession of the said land, the first petitioner filed W. P. No. 31673 of 1997 and the same was disposed on 28. 11. 1997 directing the respondents herein not to evict the first petitioner unless notice under the appropriate enactment is issued and the explanation is called. After explanation is submitted the respondents were directed to pass orders and communicate the same to the petitioners. Till the said exercise is done, it was directed not to dispossess the first petitioner nor demolish the existing structures. They further submit that when the first petitioner was hospitalized in the second week of January 1998 the Joint Director, Agriculture department, Chittoor - fourth respondent claimed to have taken over the possession of the said property on the instructions of the respondents 1 to 3, which was resisted by the first petitioner.