IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos.22151 and 26209 of 2007 Writ Petition No.22151 of 2007 Between: Tupakula Dhanamjaya, S/o. T. Peda Venkata Subbaiah, R/o. Petluru Village, Venkatagiri Mandal, Nellore District - 524 132 ....Petitioner And 1. Government of Andhra Pradesh, represented by its Principal Secretary, Higher Education, Secretariat Buildings, Saifabad, Hyderabad. 2. The District Collector, Nellore. 3. The Superintending Engineer, Roads and Buildings, Nellore. 4. The Regional Joint Director, Higher Education, Guntur. 5. Mandal Revenue Officer, Venkatagiri Mandal, Venkatgiri, Nellore District. 6. Visvodaya Government Degree College, represented by its Principal, Venkatgiri, Nellore District. 7. Visvodaya Government Junior College, represented by its Principal, Venkatgiri, Nellore District. 8. The Principal Chief Conservator of Forests, Andhra Pradesh, Hyderabad. ....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the Tender cum Auction Notification issued by the Government of Andhra Pradesh, Revenue Department through the office of the Collector-cum- District Magistrate, Nellore vide Rc.D2.11742/1991 dated 1-10-2007 proposing public auction of the commercial and residential plots in Survey No.201 of Ammavaripeta Village within the limits of Venkatagiri Municipality, Nellore District by inviting sealed tenders for open auction to be held on 18-10-2007 at 10.30 a.m. at T.T.D. Kalya Mandapam at Venkatagiri Town, Nellore Distraict or on any other subsequent dates as arbitrary, illegal, high handed, capricious, violate of Article 14 apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents to withdraw the proposed auction in relation to sale of the said property situate in the aforesaid Sy.No.201 of Ammavaripeta Village, within the limits of Venkatagiri Municipality, Nellore District and interfering with the day to day affairs and functioning of the Visvodaya Government Degree College, respondent No.6 and Visvodaya Government Junior College, respondent No.7, Venkatagiri Town, Nellore District, in any manner whatsoever and pass such other order or orders as may be deemed fit and proper in the circumstances of the case. Counsel for the petitioner : Sri Y. Srinivasa Murthy for Sri T.S. Anand Counsel for respondent Nos.1 to 5 & 8 : Advocate General assisted by Government Pleader for Higher Education Writ Petition No.26209 of 2007 Between: Venkatagiri Citizen's Forum, Venkatagiri Town (Regd.No.386 of 2006), represented by Secretary, Tulasi Natarajaiah, S/o.Venkataswamy Narasimharao Street, Venkatagiri Town, Nellore District. ....Petitioner And 1. Government of Andhra Pradesh, represented by its Principal Secretary, Higher Education, Secretariat Buildings, Hyderabad. 2. The District Collector, Nellore. 3. The Superintendilng Engineer (R & B) Nellore, Nellore District. 4. The Tahsildar, Venkatagiri Mandal, Nellore District. 5. The Regional Joint Director, Higher Education, Guntur, Guntur District. 6. The Visvodaya Government Degree College, represented by its Principal, Venkatagiri, Nellore District. 7. The Visvodaya Government Junior College, represented by its Principal, Venkatagiri, Nellore District. 8. The Principal Chief Conservator of Forests, A.P., Hyderabad. ....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seeking to sell the property of respondent Nos.6 and 7 Government Degree College and Junior College respectively in an extent of Ac.13.88 cents (excluding 30 plots abutting the main road that were sold in the year 1992) in Patta No.387, Sy.No.201 of Ammavaripeta Village, part of Venkatagiri Town, Nellore District by way of public auction as the same is arbitrary, illegal and without jurisdiction being contrary to the settlement deed dated 26-11-1977 between the then Correspondent of the College and respondent No.1 Government and shift the college outside the Venkatagiri Town into forest land belonging to the 8th respondent, is arbitrary, illegal and pass such other order or orders. Counsel for the petitioner : Sri P. Prabhakar Rao Counsel for respondent Nos.1 to 5 & 8 : Advocate General assisted by Government Pleader for Higher Education The Court made the following: COMMON ORDER: (per Anil R. Dave, C.J.) By way of public interest litigation, these two petitions have been filed making a grievance that the respondent Government authorities are trying to dispose of the land which formerly belonged to Visvodaya Degree and Junior Colleges, Venkatagiri. As the subject matter of both the petitions is practically same, both the matters have been heard together. It has been submitted by the learned Advocates appearing for the petitioners that the respondent Government authorities do not have any right to sell the land in question for the reason that the management of the afore-stated colleges was taken over by the Government and at that time, it was understood that open land belonging to the colleges would not be sold. It has been submitted that it is the duty of the Government to run the educational institutions and the Government authorities should not be permitted to dispose of the land by holding public auction. It has been also submitted that after sale of the open land, the colleges would be shifted to a distant place and in that event, lot of inconvenience would be caused to the students studying in the said colleges as the students will have to travel more to attend the college. Thus, it has been submitted by the learned Advocates appearing for the petitioners that the respondent Government authorities be restrained from disposing of the land belonging to the colleges so that the students of Visvodaya Degree and Junior Colleges can study at the same place. In pursuance of the notices issued by this Court to the respondent Government authorities, counter affidavit has been filed by the Collector and District Magistrate, Nellore. It is the case of the respondent authorities that the area in which the building of the colleges is situated is highly congested, just near the bus stand and, therefore, it leads to further traffic congestion and noise pollution. In the circumstances, it was thought proper by the Government authorities to shift the Degree College to a distant place so that more land can be allotted for the purpose of construction of a new building for the college. According to the deponent of the affidavit, the students would be having a better atmosphere if the college is shifted to a distant place. It has been further submitted on behalf of the respondents that forest land would be used for construction of the new building at a place where, in all Ac.54.00 of land has been released by the Forest Department for the purpose of development of an educational complex. Thus, it has been submitted that it would be in the interest of the students and the residents of Venkatagiri Town if the Degree College is shifted elsewhere. We have heard the learned Advocates and also perused the necessary record. Upon perusal of the record, it is very clear that by virtue of G.O.Ms.No.866, Education (J) Department, dated 20th August, 1977, the management of Visvodaya College, Venkatagiri had been taken over by the Government. The said Government Order was issued in pursuance of a settlement arrived at between the college authorities and the Government. Upon perusal of the contents of the said Government Order, it is clear that the Government was to become the sole owner of the properties of the college. It is, therefore, clear that the Government being the sole owner of the land on which the college buildings have been constructed, is competent to dispose of the land. In the instant case, the land is being disposed of by holding an auction so as to raise funds for the purpose of construction of a building for the college. Thus, it cannot be said that the Government authorities are acting against the spirit of the settlement. At the time of hearing of the petitions, an apprehension was voiced by the learned Advocates for the petitioners that in the process of shifting, if the existing premises are demolished and new building is not constructed, the studies of the students studying in the colleges would be adversely affected. The learned Advocate General has submitted that such an eventuality would not be there because unless a new building is constructed at a place which has been earmarked for construction of the college, the old building will not be demolished, destroyed or disposed of. It is also pertinent to note that at this juncture, only Degree College is being shifted to a new place. The Junior College would be continued at the same place. It is to be noted that at present, the college is being managed in different shifts, which results into inconvenience and traffic congestion. The afore-stated statement would assure the petitioners that at no point of time the students will be adversely affected because both the colleges namely, Degree and Junior College would continue. With regard to the averment that the students will have to travel more, it has been noted that the place where the new building is to be constructed is hardly at a distance of 1.5 k.m. from the existing place. In such a case, it cannot be said that the students will be put to inconvenience. As a matter of fact, by moving it away from the congested area, in our opinion, possibly the students might have a better ambience and atmosphere. It is also pertinent to note that at present, the two colleges have been constructed on Ac.13.00 of land. It has been submitted by the learned Advocate General that in all Ac.22.00 of land shall be earmarked for the purpose of construction of the afore- stated two colleges namely, Visvodaya Degree and Junior Colleges. Thus, the students will be benefited because they will have better classes and/or playground facilities etc. Apart from the above facts, in our opinion, it is a policy decision of the Government to shift the place of the colleges. In our opinion, the scope of judicial review in such a case is limited. However, looking to the facts of the case, we feel that it would be definitely in the interest of the students as they will be getting a better ambience and more facilities at the new place. For the afore-stated reasons, we do not see any reason to interfere with the matter. The petitions are, therefore, dismissed with no order as to costs. Ad interim order granted earlier stands vacated. ANIL R. DAVE, C.J. 13th August, 2008 VILAS V. AFZULPURKAR, J. ........REGISTRAR To 1. The Principal Secretary, Higher Education, Government of Andhra Pradesh, Secretariat Buildings, Saifabad, Hyderabad. 2. The District Collector, Nellore. 3. The Superintending Engineer, Roads and Buildings, Nellore. 4. The Regional Joint Director, Higher Education, Guntur. 5. The Mandal Revenue Officer, Venkatagiri Mandal, Venkatgiri, Nellore District. 6. The Principal Chief Conservator of Forests, Andhra Pradesh, Hyderabad. 7. Two copies to the Advocate General, High Court Buildings, Hyderabad. 8. Two copies to the Govt. Pleader for High Education, High Court Buildings, Hyderabad (OUT). 9. Two copies to the Govt. Pleader for Forests, High Court Buildings, Hyderabad (OUT). 10.Two copies to the Govt. Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 11.Two C.D. copies. ARS