THE HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No. 2130 of 2004 Dated: 18-01-2008 Between:- Ravella Koteswara Rao and another. ..Petitioners And The State Bank of India, Rep., by its Branch Manager, Agricultural Development Bank, Kondepi village & Mandal, Prakasam district. ..Respondent. THE HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No. 2130 of 2004 : ORAL O R D E R: This is a writ petition filed by the petitioners seeking to declare the action of the respondent in refusing the petitioners either to raise loan on Special Term Deposit Receipt dated 28-03-2003 or withdraw the said deposit as arbitrary, illegal and contrary to the proceedings of the Government Memo dated 12-03-2003. The second petitioner is the daughter of the first petitioner. The paternal uncle of the first petitioner by name Ravella Venkaiah alleged to have donated Rs.50,000-00 in Fixed Deposit along with the Deputy Educational Officer, Ongole, Prakasham district. The petitioners contend that late Ravella Venkaiah expressed inclination to deposit Rs.1,00,000-00 on the promise by the concerned authorities that the College would be named after him. Initially, an amount of Rs.50,000-00 was deposited in the respondent-bank in the joint names of the first petitioner‘s uncle and the District Educational Officer, Ongole. Since permission for establishing the College in the name of Ravella Venkaiah was not given, he refused to pay the balance amount of Rs.50,000-00 to the Society which sought permission to establish the College. Late Ravella Venkaiah expired and subsequently on his death his widow adopted the second petitioner and bequeathed all the property to the second petitioner by registered will and settlement deed dated 17-03-1993. The first petitioner started representing to the Government for refund of the deposited amount, but no orders have been passed by the Government. The petitioner, therefore, filed W.P.No.2667 of 1998 but the same was dismissed. On 12-03-2003 the Government appears to have issued a Memo directing the Intermediate Board to pass necessary orders instructing the concerned District Educational Officer to withdraw from the joint Bank deposit. Subsequently, the Board of Intermediate directed the concerned D.E.O. to withdraw from the joint Bank Deposit. Later on the respondent-Bank issued fresh special term deposit receipt in the name of the first petitioner on 28-03-2003. The respondent took back the Special Term Deposit and returned with an endorsement ‘Committee President, Government Junior College, Kondapi”. On making objection to the said endorsement, the respondent informed the petitioner that it made enquiries with the Junior College, which revealed that the deposit is ‘corpus fund’. Questioning the same, the present writ petition has been filed. The Commissioner and Director of Intermediate Education, Andhra Pradesh in the order dated 01-07-1999 called for certain information regarding the deposit of Rs.50,000-00 as ‘corpus fund’ and that the Commissioner appears to have informed the Secretary to Government, Higher Education (IE) Department, Hyderabad that the amount of Rs.50,000-00 deposited by the donor is not ‘corpus fund’. The Commissioner of Intermediate Education addressed the respondent requesting to convert the deposit into the joint account of the Principal, Government Junior College, Kondapi and the Regional Joint Director of Intermediate Education, Guntur and report the action taken in the matter. The Director, Intermediate Education also intimated to the Principal Secretary to the Government Higher Education department intimating that instructions were issued to the Branch Manager of the respondent-Bank to convert the FDR into the joint account of the Principal, Government Junior College, Kondapi and the District Vocational Education Officer, Guntur. W.P.No. 2667 of 1998 was filed by the petitioner seeking direction to the respondent to name the Government Junior College as ‘Ravella Venkaiah Government Junior College after accepting Rs.3,00,000- 00. The writ petition was dismissed by observing that this Court is not in a position to decide as to for what purpose the said amount of Rs.50,000-00 was donated by Sri Ravella Venkaiah, while it is the case of the petitioner that it was donated for naming the college in the name of the donor and that on the other hand it is the case of the respondents that it was donated towards corpus fund. These are all pure questions of fact and cannot be adjudicated and decided in a proceeding under Article 226 of the Constitution of India. The donor is no more. The petitioners are claiming relationship with the donor. They are also alleging that the adopted mother of the second petitioner executed a registered will in her name bequeathing all assets in her name, but what are the assets? Whether the donation also includes in the list of assets; and whether it was a donation with a condition precedent or corpus fund is not known. These are all questions of fact to be decided. Till then, the petitioners are not entitled to raise any loan against the term deposit or withdraw the same. The petitioners cannot maintain the writ petition as there is a disputed question of fact whether the petitioners are required to obtain any succession certificate to claim the amount; whether they have right to claim the amount and whether the amount was given towards corpus fund or donated on a condition that the name of the college would be named after the deceased-R.Venkaiah. In the light of the above circumstances, no relief can be granted in this writ petition. The writ petition is accordingly dismissed. No costs. _____________________ Dr.G. YETHIRAJULU, J Dated: 18-01-2008. Pvks/*