THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.11439 of 1995 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the proceedings Rc.No.8021/94/B2 dated 21.5.1995 as arbitrary, illegal and violative of Article 14 of the Constitution of India and consequently direct the respondents to finalise the proceedings for assignment of land admeasuring Ac.4-65 cents covered by Sy.No.28/2 of Gudilova village in favour of petitioner society for establishing a Kalakshetra. It appears, the first respondent-District Collector vide letter dated 27.6.1983 directed the Tahsildar, Bheemunipatnam to select and handover an extent of Ac.4-65 cents covered by S.No.28/2 of Gudilova village to the petitioner society and submit alienation proposals. In pursuance of the same, the Tahsildar has put the petitioner in possession of the land on 29.6.1983. Further, the first respondent vide proceedings dated 19.8.1983 requested the Tahsildar, Bheemunipatnam to submit alienation proposals together with subdivision records. According to the petitioner, they have been pursuing the matter with the District Authorities every year. While that being so, petitioner was issued with a show cause notice dated 21.4.1995 to explain as to why proposals for alienation should not be cancelled and the land should not be resumed. Petitioner filed a detailed explanation to the said show cause notice on 22.4.1995 stating that it has spent about one crore rupees for establishment of educational institutions, but in this case for want of alienation orders from the Government, they could not put the land into use and they will soon commence the work of Kalakshetram. Petitioner also stated that they have recently laid foundation stone for one of the Departments of Kalakshetram and would commence the work shortly after rainy season. Not satisfied with the explanation offered by the petitioner, the first respondent vide proceedings dated 21.5.1995 cancelled the allotment made in favour of petitioner society holding that the petitioner institution similarly obtained large extent of Ac.60-00 in Madhuravada village for educational institutions and failed to utilize a large extent of land. It was further stated that the object of allotting any land belonging to Government is with a view to encourage the institution to provide amenities for the public or to utilize the lands for which they were given, within a reasonable time and the petitioner failed to utilize the lands for nearly 12 years. Aggrieved by the same, the present writ petition is filed. The learned counsel for petitioner strenuously contended that the petitioner society has been in continuous possession and enjoyment of the subject land since 1983 and petitioner has been corresponding with the authorities for alienation and for fixing market value of the land. In spite of the same, no action was taken. The utilization of land for which it was allotted could not be done to the fuller extent, but this was only due to the inaction on the part of the respondents and not because the petitioner do not want to proceed with establishment of Fine Arts School. Be that as it may, it appears only on the ground of non-utilisation of land, the allotment was cancelled. I am of the view that the abrupt cancellation of allotment which was made in the year 1983, after more than 12 years (as on date more than 25 years) may not be proper without properly looking into the case of the petitioner. The impugned order is bereft of reasons and details and the explanation of the petitioner was also not considered properly. Further when the alienation was not effected, it cannot be expected that the institution would go ahead with the construction. Under those circumstances, the impugned proceedings of the first respondent dated 21.5.1995 are set aside and the respondents are directed to reconsider the matter afresh for the purpose of alienation of land admeasuring Ac.4-65 cents covered by Sy.No.28/2 of Gudilova village, Anandapuram mandal, Visakhapatnam district in favour of petitioner. This exercise shall be completed within a period of four (4) months from the date of receipt of this order. The writ petition is accordingly allowed. No order as to costs. ______________ C.V.RAMULU, J Date: 29.7.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.11439 of 1995 29.7.2009