THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G BHAVANI PRASAD Writ Petition No. 13329 of 2008 ORDER: (Per the Hon’ble Smt Justice T.Meena Kumari) 1. The present writ petition is filed in the form of public interest litigation by the petitioner institution i.e., Baptist Preston Inastitute Old Students Minority Educational Welfare Society represented by its President Mrs. Dr C Suvartha seeking a direction to the respondent No.12 Director of School Education, A.P., to declare all the illegal transactions in the property of the petitioner society as null and void. 2. A perusal of the prayer in the writ petition itself shows that the petitioner filed the present writ petition seeking a writ of Mandamus directing the respondent No.12 to declare all the illegal transactions (Registered Documents) in the Schedule Property, as null and void under subsection 3 of Section 53 of A.P. Education Act, 1982 and GO Ms. No. 86 SE(POSSESSION) dated 25-10-2007. 3. It is averred in the affidavit filed in support of the petition that the petitioner is the President of “Baptist Preston Institute Old Students Minority Educational Welfare Society” and he filed the present writ petition to protect the property of the Educational Institutions and that the Christian Missionaries acquired an extent of Ac 60-13 guntas of land in various survey numbers from the year 1902 to 1920 and constructed a huge Church and constructed a huge building for running Educational Institutions from 1st to 12th standard classes and it is an aided institution runs with the aid and assistance of Government of A.P. It is also averred that the respondents Nos. 2 to 10 in collusion with some Management personnel got created some title documents for the land in an extent of Ac 11-20 guntas and other lands, out of the total extent of the Preston Institution land of Ac 33-29 guntas and the said title deeds were under dispute and the same is pending before the High Court in CRP No. 3307 of 2006. It is further averred that the respondents Nos. 2 to 10 without obtaining permission from respondent No.11 constructed 78 Mulgies and when the Society questioned the same, respondent No.11 got issued notice to respondent No.2 to 10 and against the said notice, they filed W.P. No. 13129 of 2003, subsequently the said writ petition was also withdrawn on 10-03-2008. It also further averred that title deeds were created by the respondents Nos. 2 to 10 in respect of the property of the institution, which is against the interest of the institution, the same shall be declared to be as null and void. It is also averred that as per G.O.Ms. No. 86 SE (PS) dated 25-10-2007, the alienation of the properties of grant-in-aid Education Institutions, more particularly, the properties of Christian Institutions are prohibited, the title deeds in question are to be declared as null and void in the interest of justice. Hence, the present writ petition. 4. Heard the learned counsel for the petitioner. As the main dispute raised in the affidavit of the petition is with regard to title deed documents alleged to have been created, which requires sufficient evidence to prove its genuineness or otherwise, we are of the opinion that this Court has no power to go into the matters where the disputed questions of fact and law is involved which is a subject matter of evidence. The remedy of the petitioner is elsewhere. Under the above circumstances, the writ petition itself is not maintainable. 5. This writ petition is, therefore, dismissed. Consequent to the dismissal of the writ petition, all the WPMPs are also dismissed. No costs. _____________________ T MEENA KUMARI J ______​_________________ G BHAVANI PRASAD J Date:6-3-2009 kvrk THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G BHAVANI PRASAD Writ Petition No. 13329 of 2008 (Order of the Division Bench delivered by the Hon’ble Smt. Justice T Meena Kumari) 6th March 2009