*THE HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR +WRIT PETITION NO.14067 OF 1997 %27-11-2008 # Sri. Amarawadi Venkata Narsaiah Trust, Rep. by its Chairman, Dr.T.V.Narayana, S/o Venkaiah, R/o P.S.Nagar, Hyderabad. … Petitioner Vs. $1 The State of Andhra Pradesh, Rep. by its Secretary, Agricultural Department, Secretariat Buildings, Hyderabad. And Others. … Respondents <GIST: >HEAD NOTE : ! Counsel for petitioner: Sri K.Pratap Reddy, learned senior counsel and Sri T.Srikanth Reddy. ^ Counsel for respondents: 1) G.P. for Revenue. 2) Sri G.Manohar, learned counsel for Agriculture Department. ? CASES REFERRED : 1) (2002) 8 SCC 481 2) (2000) 6 SCC 151 3) (2000) 4 SCC 146 4) AIR 1957 SC 797 5) (1973) 2 SCC 312 6) (2007) 6 SCC 517 7) (2006) 4 SCC 501 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 14067 of 1997 Between: Sri. Amarawadi Venkata Narsaiah Trust, Rep. by its Chairman, Dr.T.V.Narayana, S/o Venkaiah, R/o P.S.Nagar, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Secretary, Agricultural Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Nelgonda District. 3 The Commissioner of Endowments, Hyderabad District. 4 The Diputy Director of Agriculture, Farmer Training Centre, Suryapet, Nalgonda District. 5 The Deputy Zonal Manager (A.P.I.I.C), Andhra Pradesh Industrial Infrastructure Corporation, Industrial Estate, Suryapet, Nalgonga. 6 The Joint Director of Agriculture, (ANTWA), Office of the Director of Agriculture, L.B.Stadium, Hyderabad. 7 Induri Venkateswara Reddy, S/o Punna Reddy, R/o Behind Bharat Gas Company Lane, Suryapet, Nalgonda. .....RESPONDENT(S) 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 to issue a Writ or order or direction, more particularly one in the nature Writ of "Mandamus" declaring the action of the respondents 1 and 4 in not handing over the land which belongs to the Trust of the Petitioner as arbitrary and illegal and fore-bearing the respondents 4 to 7 from making any consturctions in the lands belonging to the petitioner Trust in Sy.No.776 and 778 Measuring 10 acres 27 guntas of land situated at Suryapet and pass such other order or orders as this Hon'ble Court may deem fit just and necessary in the circumstances of the case. Counsel for the Petitioner:MR.T.SRIKANTH REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.14067 OF 1997 O R D E R The grievance of Sri Amarawadi Venkata Narsaiah Trust, the petitioner herein, is with regard to the manner in which the properties endowed by Late Sri Amarawadi Venkata Narsaiah for a charitable educational purpose are being used by the State. The original prayer put-forth by the Trust in the present writ petition was for a declaration simpliciter. However, the petitioner-Trust sought amendment of its prayer which was permitted by this Court on 10.11.2008. Consequently, the prayer in the writ petition presently reads as follows: “For the reasons stated in the accompanying affidavit, it is prayed that this Honourable Court may be pleased to issue a writ or order or direction, more particularly one in the nature of a Writ of Mandamus directing the respondents 1 to 6 to handover the land which belongs to the Trust of the petitioner and forbearing the respondents 4 to 7 from making any constructions in the lands belonging to the petitioner-Trust in Sy.No.776 and 778 admeasuring Ac.10-27 guntas situated at Suryapet and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.” The averments made in the affidavit filed in support of the writ petition are to the following effect: One Sri Amarawadi Venkata Narsaiah, a resident of Suryapet Town, endowed Ac.66-32 guntas of land in Suryapet in Nalgonda District, Ac.7-00 guntas of land by name Pedda Chenu and Ac.7-00 guntas of land by name Mudigondavari Manyam at Mangalapelli Revenue Village of Nandigama Taluq of Krishna District, in all Ac.80-32 guntas, through registered Will dated 21st August, 1954 for establishing a Degree College at Suryapet in the name of Lord Sri Venkateswara and authorised the Government to fulfil his desire. The property endowed by him was registered in the books of Endowments in File No.5051/54/B9/1956 dated 29.01.1956 vide issue No.5054/54 dated 30.11.1956. On 01.04.1971 a notification was issued by the Endowments Department of the State calling for applications for appointment as Trustees of the subject Trust, and accordingly the Trust Board was formed on 15.05.1971. As on the date of the formation of the Trust Board, the property endowed by Sri Amarawadi Venkata Narsaiah situated at Suryapet was in the possession of the Agriculture Department of the State. After the formation of the Trust Board, the Chairman of the Board addressed a letter to the Agriculture Department of the State to handover the land to enable the Trust to fulfil the desire of the donor. The Director, Agriculture Department, in turn, addressed letter dated 01.07.1971 to the Secretary, Food and Agriculture Department stating to the effect that the land in question admeasuring Ac.8-37 guntas in Sy.No.766 and Ac.2-30 guntas in Sy.No.778 in Suryapet were required by the Agriculture Department for its own utilisation, indicating concurrence to handover the remaining extent to the petitioner-Trust. The Commissioner of Endowments, Government of Andhra Pradesh, vide his letter dated 27.11.1971 clarified that all the properties endowed by the donor would belong to and vest in the institution and hence, the Agriculture Department could not assert any right of entitlement over a part of such property. He also clarified that the property which was required by the Agriculture Department could be leased out to it for a period not exceeding six years subject to the condition that the Agriculture Department delivered possession of such land thereafter to the Trust. The Deputy Secretary, Food and Agriculture Department, Government of Andhra Pradesh under his Memo dated 30.05.1972 ordered the Director of Agriculture to deliver possession of the endowed property excluding the area of Ac.10-27 guntas (‘sic’ Ac.11-27 guntas) in Sy.Nos.766 and 778 so as to enable the Trust to establish the Degree College as desired by the donor. The District Collector, Nalgonda, basing on his spot inspection on 02.04.1974, also issued similar directions to the Tahsildar, Suryapet. Pursuant thereto, the Tahsildar, Suryapet, handed over an extent of Ac.55-05 guntas of land on 30.04.1974, excluding the extent of Ac.8.37 guntas in Sy.No.766 and Ac.2-30 guntas in Sy.No.778 which continued to be in the possession of the Agriculture Department. The petitioner-Trust established a Degree College by name Sri Venkateswara College upon the said property in accordance with law. The said College is affiliated to the Osmania University. The petitioner- Trust made several efforts since 1974 to retrieve the possession of the remaining land which was still with the Agriculture Department so that it could establish a vocational/agricultural school also. It was also intended that a B.Ed. College for Women should be established and the land occupied by the Agriculture Department was perceived to be best suited for this purpose. Attempts made by the State to purchase part of the endowed property were also spurned by the petitioner-Trust. By its letter dated 18.06.1977, the petitioner-Trust expressed its willingness to pay compensation to the Agriculture Department for the buildings constructed by it, by duly adjusting the same as against the lease amount which was due to the Trust from the Agriculture Department. The Agriculture Department did not make any payment towards rentals in respect of its occupation over the endowed land. This fact is evident from the letters dated 17.09.1990 and 13.07.1990 addressed by the Assistant Commissioner, Endowments Department to the Agriculture Department. A perusal of the said letters would show that the Endowments Department called upon the Agriculture Department to handover the land encroached by it for which it had not paid any rents to the Trust, failing which the Endowments Department threatened legal action. While so, the Agriculture Department applied to the Suryapet Municipality for undertaking construction of buildings in the endowed land. When the petitioner-Trust objected to the same, the Municipality by its letter dated 12.06.1997 refused to grant permission to the Agriculture Department. However, as the Agriculture Department was continuing to proceed with the construction, reflecting its intention to perpetuate its possession over the endowed land, the petitioner-Trust had no option but to approach this Court. By interim order dated 07.07.1997, this Court restrained the respondents from proceeding with the construction in Sy.Nos.776 and 778 at Suryapet, Nalgonda District. The said order was made absolute on 03.02.1998 and was confirmed in Writ Appeal No.371 of 1998, by order dated 18.03.1998. A counter-affidavit is filed on behalf of the District Collector, Nalgonda District, the Deputy Director of Agriculture, Farmer Training Centre, Suryapet, Nalgonda District and the Joint Director of Agriculture (ANTWA), Office of the Director of Agriculture, L.B.Stadium, Hyderabad, the 2nd, 4th and 6th respondents in the writ petition. The deponent to this counter affidavit is the 4th respondent. It is contended therein that the writ petition is not maintainable as it pertains to a civil dispute which has to be agitated before a Civil Court. While admitting the factum of the endowment of the landed properties by Late Sri Amarvadi Venkata Narsaiah for an identified charitable educational purpose, it is stated that as per the correspondence between the Government Departments it was finally settled that the Agriculture Department should retain the lands admeasuring Ac.8-37 guntas in Sy.No.766 and Ac.2-30 guntas in Sy.No.778 as they were being utilised by the Agriculture Department for an educational purpose as desired by the donor. It is stated that a Committee by name Sri Venkateswara Krishi Vidyalaya Samiti was formed for the purpose of establishing an Agriculture Training Institute at Suryapet in the subject land and the Government had sanctioned a grant of Rs.40,000/- for this purpose in the year 1958. As the Committee failed to establish the Institute in spite of the lapse of several years, the grant was resumed by the Government and a scheme was sanctioned for establishment of a Vocational Agricultural School under the Department of Agriculture vide G.O.Ms.No.1300/F&A dated 29.04.1964. The District Collector, Nalgonda, was requested by the Deputy Secretary to Government under letter dated 29.05.1964 to retain the subject land, so that it could be used by the Agriculture Department for the purpose of establishing the said Agricultural School. It is in this background, according to these respondents, that an extent of Ac.68.10 cents of land was handed over to the Agriculture Department on 20.06.1964. The Vocational Agricultural School is said to have been established during the year 1964-1965 and the Agriculture Department claims to have spent a sum of Rs.1,93,000/- in this regard. It is stated that the school is imparting training to the farmers of Telangana Region and also to Ex-Military Personnel who had taken up agriculture after their retirement from service. According to these respondents, as the desire of the donor that the lands should be utilised for an educational purpose was fulfilled, there is no illegality in the Agriculture Department retaining the subject land. It is stated that after formation of the petitioner-Trust, the Agriculture Department handed over an extent of Ac.57-23 guntas of land to it, while retaining the subject land. Thus, even after the establishment of the degree college in the name of Lord Sri Venkateswara, a vast extent of vacant land was still available with the petitioner-Trust which could be utilised for establishing new colleges as desired by the petitioner-Trust. The counter-affidavit also details various programmes being undertaken by the Agriculture Department by utilising the subject land and it is reiterated that such activities being in furtherance of education of the farmers, fulfil the essential desire of the donor as evidenced by his Will dated 21st August, 1954. It is admitted that the Agriculture Department was undertaking construction of new buildings in pursuance of a grant obtained from the Netherlands Government. However, the counter is silent with regard to the obtaining of a building permission from the municipal authorities in this regard. In its reply-affidavit, the petitioner-Trust stated that it was not open to the Agriculture Department to unilaterally claim that it was settled that the subject land would be retained by it. It is asserted that the petitioner- Trust never agreed to surrender the subject land. It is stated that Sri Venkateswara Krishi Vidhyalaya Samithi had nothing to do with the petitioner-Trust or its property. It is reiterated that the desire of the donor was to establish Colleges in the name of Lord Sri Venkateswara and that the Trust was formed only to fulfil this desire. It is also stated that it is the obligation of the Government to see that the entire land which was endowed by the donor was handed over to the Trust, including the subject land retained by the Agriculture Department, so that the same could be utilized for that purpose. The Agriculture Department, according to the petitioner-Trust, is only in permissive possession of the subject land and could not assert any rights adverse to the interest of the petitioner-Trust. It is also stated that it is not for the Agriculture Department to advise the Trust as to how the Trust property should be utilised for achieving the objective of the donor. Stating so, the petitioner-Trust prayed that the writ petition be allowed. It is relevant to note that the Petitioner-Trust filed WPMP No.2803 of 2008 in this writ petition seeking to bring on record subsequent events and certain additional material papers. In the affidavit filed in support of the said petition, the Petitioner-Trust stated to the effect that the Agriculture Department was not using the subject land for the purpose of its Farmer Training Centre or Demonstration Farm. According to the Petitioner-Trust, after acquisition of an extent of Ac.4-06 guntas by the Government for the purpose of establishing a hospital, the remaining extent was insufficient for the Agriculture Department to operate its Farmer Training Programmes and Demonstration Farm. It is further stated that the Agriculture Department had established a new centre at Nakrekal for the purpose of conducting its Farmer Training Programmes. This Centre is said to have been inaugurated on 08.01.2000. Reference is also made to the fact that another extent of Ac.10-00 guntas out of the endowed land had been acquired by the Government for running a Polytechnic College. Photographs are filed along with the petition to show that the subject land was not being utilised and was in a state of disrepair. The Agriculture Department filed a counter-affidavit to this application contesting on merits the claims put-forth by the Petitioner- Trust. The Department asserted that it had been in possession of the subject land for more than fifty years and had been using the same for imparting training to the farmers and ex-servicemen who had taken up agriculture. It is admitted that the administrative offices of the Agriculture Department were also located in a portion of the subject land. It is asserted that classes were being regularly held for the farmers and training programmes were also being conducted for the benefit of Mandal Agricultural Officers. Copies of certain proceedings and photographs were filed along with this counter-affidavit in support of this contention. Sri K.Pratap Reddy, learned Senior Counsel appearing for the petitioner-Trust, vehemently contended that late Sri Amaravadi Venkata Narsaiah had endowed his properties to the State with the obligation that the State would utilise the same for establishing educational institutions in the name of Lord Sri Venkateswara and that it was not open to the State to misuse the land so endowed, by appropriating it for its own use. He relied upon the proceedings of the District Collector, Nalgonda, bearing No.D2/292/72 dated 02.04.1974, wherein the District Collector, Nalgonda, stated to the effect that the Agriculture Department had no business to be in occupation of the subject land. It is also stated that out of the entire extent of Ac.11-27 guntas which was retained by the Agriculture Department, an extent of Ac.4-06 guntas in Sy.No.766 had been acquired by the State under the provisions of the Land Acquisition Act, 1894. Thereby, the remaining extent still retained by the Agriculture Department dwindled to Ac.7-21 guntas. It is pointed out that as regards the acquired extent, the Land Acquisition Compensation was also paid to the petitioner Trust, clearly evidencing that it alone had right, title and ownership over the subject land. It is also asserted that the Agriculture Department had not made any payments whatsoever towards lease rentals for its occupation of the subject land to the petitioner-Trust. The attention of this Court was drawn to the fact that the Statement of Endowment available in the Office of the Tahsil (Suryapet Taluk), Nalgonda District, clearly demonstrates that the landed property endowed comprised the entire extent of land admeasuring Ac.80-32 guntas donated by Late Sri Amarawadi Venkata Narsaiah under his Will dated 21st August, 1954. It is pointed out that the counter-affidavit filed by the Deputy Director of Agriculture, Farmer Training Centre, Suryapet, Nalgonda District, the 4th respondent, cannot be construed to be a counter on behalf of the Endowments Department. On the other hand, Sri G.Manohar, the learned counsel representing the Agriculture Department, contended that under the Will dated 21.08.1954, the donor had bequeathed his properties to the State of Hyderabad giving it full power over the land, including the power of alienation. According to him, the State had the power to sell the endowed land in it’s entirety, so long as the objective of the donation, i.e. establishment of a College at Suryapet in the name of Lord Sri Venkateswara was achieved. He further contended that most of the land endowed by the donor was still available with the petitioner-Trust and pointed out that a Degree College had also been established in the name of Lord Sri Venkateswara as desired by the donor. This, according to the learned counsel, fulfilled the obligation visited upon the State by the donor. He drew the attention of this Court to the letter dated 29.05.1964 addressed by the Deputy Secretary to the Government, Agriculture Department to the District Collector, Nalgonda District, whereby the entire extent of land endowed by the donor was directed to be placed at the disposal of the Agriculture Department for establishing the Agricultural School sanctioned by the Government. He also relied upon the letter dated 30.05.1972 addressed by the Deputy Secretary to the Government, Agriculture Department, to the Director of Agriculture, Hyderabad, permitting the delivery of possession of the endowed land, excluding the area of Ac.10.67 cents falling in Survey Nos.767 and 778 of Suryapet, which was in the possession of the Agriculture Department, so as to enable the petitioner-Trust to establish a Degree College pursuant to the wishes of the donor. It is contended that instead of fulfilling the donor’s desire through its own action, the State had constituted the petitioner-Trust which, in turn, had established the Degree College as desired by the donor. According to the learned counsel, once the wish of the donor was fulfilled by the establishment of the College, it was open to the State to use the remaining land for a public purpose. According to him, the Agriculture Department was utilising the subject land retained by it for operating a Farmer Training Center, Demonstration Farm and also for housing its Offices. In reply, the learned senior counsel contended that merely because the donor had expressly permitted the alienation of the land endowed by him for achieving the objective, it did not confer any special power upon the Trustee. According to him, Section 74 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (for brevity, ‘the Act of 1966’) equivalent to Section 80 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity, ‘the Act of 1987’) authorized the alienation of the property endowed with the prior permission of the Commissioner of Endowments. The said alienation must necessarily be for the purpose of achieving the objective of the Trust. The learned senior counsel asserted that the properties endowed by the donor vested in the petitioner-Trust which was under an obligation to utilise the same for the sole purpose of carrying out the desire of the Endower. According to the learned senior counsel, as the obligation which had been visited upon the State was transferred to the petitioner-Trust, the State no longer retained any right to sell or utilise the endowed land thereafter, according to its own whims and fancies. Further, the mere fact that a College had already been established in the name of Lord Sri Venkateswara did not mean that it was open to the State to use the rest of the land for its own purposes. It is pointed out that the letters addressed by the Endowments Department clearly evidenced the stand taken by the said Department, which was in favour of the petitioner-Trust. The learned senior counsel contended that as no independent counter affidavit had been filed by the said Department, its stance as reflected in its correspondence filed as material papers, should be taken note of by this Court. It is pointed out that an extent of 10 acres in Survey No.765 of Suryapet which formed part of the endowed land was acquired by the Government for running a Polytechnic College and compensation was paid to the petitioner-Trust. This fact is brought out to demonstrate that there is a paucity of land, insofar as the petitioner-Trust is concerned, for establishing new Colleges and further to rebut the argument advanced by the learned counsel for the Agriculture Department that after the establishment of the Degree College by the petitioner-Trust, the remaining land was free for utilisation as desired by the State. It is contended that had it been so, it was not necessary for the Government to resort to acquisition of this land. It is reiterated that under the will deed, the donor specifically intended that the lands endowed by him should only be utilised for the purpose specified, i.e. establishment of an educational institution in the name of Lord Sri Venkateswara. The learned senior counsel stated that the petitioner-Trust wanted to establish a B.Ed. College in the subject land and had also obtained necessary permission from the University in this regard. He concluded by stating that the Agriculture Department had no manner of right to continue in possession of the subject land and that the writ petition deserved to be allowed as prayed for. The seventh respondent in this writ petition is the contractor engaged by the Agriculture Department for making constructions in the subject land. In view of the orders passed by this Court restraining such construction activity, it is manifest that the seventh respondent ceased to have further interest in this matter. The issue for consideration in the present case is whether the Agriculture Department is legally entitled to retain possession of the subject land, be it for an educational or any other purpose, in the light of the specific endowment created by Late Sri Amarawadi Venkata Narsaiah under his Will dated 21.08.1954. Late Sri Amarawadi Venkata Narasaiah, being the donor of the endowed properties, created a charitable and religious endowment in as much as he desired that an educational institution be established with the use of his property. The said endowment also had religious overtones as he desired that the educational institution should be named after Lord Sri Venkateswara. As held by the Supreme Court in T.M.A.PAI FOUNDATION V/s. STATE OF KARNATAKA[1], Article 26(a) of the Constitution of India allows all persons of any religious denomination to set up an institution for a charitable purpose, and undisputedly the advancement of education is a charitable purpose. Therefore, the exercise of his fundamental right by Late Sri Amarawadi Venkata Narsaiah has to be given full effect and the State, being the trustee of this obligation, is bound to implement the