The High Court dismissed a writ petition filed by a parent committee member seeking to declare proceedings regarding the proposed transfer of college land to the Social Welfare Department for hostel construction meritless, finding the government followed due procedure.
Writ petition dismissed; consequential miscellaneous petitions stood closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
THE HON’BLE SRI JUSTICE S.V. BHATT
Writ Petition No.14008 of 2014
DATED:08.06.2015
Between: Nagothu Ramesh Naidu, Rajampet. And
… Petitioner
The District Collector, Kadapa District, Kadapa and others.
….Respondents
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
THE HON’BLE SRI JUSTICE S.V. BHATT
Writ Petition No.14008 of 2014
PC: (Per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
This writ petition under Article 226 of the Constitution of India is filed by an individual claiming himself to be a Member of the parents committee of Rajampet Government Junior College, Rajampet. When the writ petition was placed before a learned Single Judge, he transferred it to this Bench having found that the prayer in the writ petition is in the nature of Public Interest. The petitioner claims to be a parent of the student studying in Rajampet Government Junior College(for short ‘the College’). The petitioner is hardly 34 years old. Keeping that in view and having considered that neither the College nor the parents committee is coming forward and making the grievance, as made by the petitioner, we have doubt about his bona fides. Still we have heard learned counsel for the petitioner on merits and perused the entire record.
The petitioner is seeking a writ of Mandamus declaring the proceedings dated 11.11.2013 of the 1st respondent, whereby land to the extent of 0.90 cents of the college was proposed to be transferred to the 2nd respondent. Petitioner has also prayed for setting aside the consequential proceeding dated 15.2.2014 of the 3rd respondent, which, according to the petitioner, was issued without issuing any notice to the College or granting them an opportunity of being heard.
The 1st respondent has filed a counter affidavit. In paragraph-3 of the counter, it is specifically stated that the total land in Survey No. 537 is Acs.11.72 cents and it is a Government land and out of Acs.11.72 cents, 0.90 cents is proposed to be transferred to the 3rd respondent, i.e., Social Welfare Department, for construction of hostel for the Scheduled Caste and Scheduled Tribe students. Learned counsel for the petitioner informs us that total land in possession of the college, including Acs.11.72 cents, is about 35 acres.
We have also perused the order dated 11.11.2013, which says that the said land was allotted to the Education Department long back and now the land is under control of the Government Junior College, Rajampet. It further states that the Tahasildar reported that the land could be transferred to Social Welfare Department,
after obtaining N.O.C. from the Education Department since it was found to be suitable for construction of Hostel for the Scheduled Caste and Scheduled Tribe students. The Government seems to have followed the due procedure for transfer of the said land. That apart, the college has not made any grievance about the proposed transfer of the land to the Social Welfare Department.
In this backdrop, we do not find any merit in the petition.
Hence, the writ petition is dismissed.
Consequently, miscellaneous petitions, if any, pending shall also stand closed.
DILIP B. BHOSALE, ACJ
S.V. BHATT, J
8th June, 2015
Pnb
2 issues framed by the court
Whether the proposed transfer of college land to the Social Welfare Department for hostel construction warrants judicial intervention.
Whether the government followed due procedure in transferring the land without hearing the college.
1 provisions across 1 enactments
Nagothu Ramesh Naidu
The District Collector, Kadapa District
Others
Dilip B. Bhosale
S.V. Bhatt
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
