IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10887 of 2005 Between: Induri Thirumalavasu S/o Venkaiah r/o Koratia proper and madnal, Karimngar District ..... PETITIONER AND 1 The District Collector, Karimnagar District 2 The Revenue Officer, Jagtial Division, jagtial, Karimnagar District 3 The mandal Revenue Officer, Kartla Mandal Karimnagar District 4 The Commissioner , Kartla Municipality, Karatla, Karimnagar District 5 The PRincipal, Government Junior College, Karatla, Karimnagar District 6 The Commissioner, Intermediate Education, Nampally, Hyderabad 7 Abdul Gaffar S/o Sattar R/o Karatla, Karminagar District .....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 order or direction one in the nature of Writ of mandamus of declaring the action of the respondents No.1 to 6 authorities in not taking any action against the respondent No.7 who is proceeding with the illegal construction of a stadium at the premises of Government Junior College, Koratla proper and mandal, Karimnagar Without getting any permission from the respondents No.1 to 6 authorities as arbitrary, illegal null and void,. consequently direct the respondents No. 1 to 6 see that there shall not be any such construction in the premises of the Government Junior College unless due permission is taken from them and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner:MR.Y.NEELAKANTA REDDY Counsel for the Respondent Nos.1to3: GP FOR REVENUE Counsel for the Respondent Nos.4&5: MR.P.RADHAKRISHNA Counsel for the Respondent No.6: GOVT. PLEADER FOR HIGHER EDUCATION. Counsel for the Respondent No.7: MR. P.RADHIVA REDDY The Court made the following : ORDER: The petitioner claims to have studied 9th class to Intermediate in Government Junior College, Koratla in High School wing as well as college wing. His grievance is that part of the college premises admeasuring Ac.5.00 cents is being grabbed by Abdul Gaffar-7th respondent for construction of stadium without there being any permission from the government junior college authorities and the municipal authorities. It is stated in the writ affidavit that the present accommodation in the girls’ junior college is not sufficient and therefore, some more additional classrooms are required to be constructed in the open area admeasuring Ac.5.00 cents. The proposals for construction of additional classrooms are stated to be pending before the Commissioner, Intermediate Education, Nampally, Hyderabad. He claims to have brought the illegal constructions made by the 7th respondent to the notice of the respondents 1 to 6. There being no action on the part of the respondents 1 to 6, to prevent the alleged constructions being made on the open land belonging to the government junior college, Koratla, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India, seeking the following relief: “For the reasons stated in the accompanying affidavit, it is therefore prayed that the Hon’ble Court may be pleased to issue an order or direction one in the nature of writ of mandamus of declaring the action of the respondents No.1 to 6 authorities I not taking any action against the respondent No.7 who is proceeding with the illegal construction of a stadium at the premises of Government Junior College, Koratla proper and Mandal, Karimnagar without getting any permission from the respondents No.1 to 6 authorities as arbitrary, illegal, null and void. Consequently, direct the respondents No.1 to 6 to see that there shall not be any such construction in the premises of the government Junior College unless due permission is taken from them and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Respondents 6 and 7 filed separate counter-affidavits. It is stated in the counter-affidavit filed on behalf of the 6th respondent that 6th respondent came to know about the alleged transfer of land to an extent of Ac.4.35 guntas in Sy.No.1201 by the District Collector, Karimnagar, in favour of the District Sports Authority vide proceedings dated 13.07.1999 after filing the writ petition. The District Collector being the Chairman of the District Sports Authority has transferred the land belonged to the Govt. Junior College without the permission of the competent authority. Consent of the other departments has not been obtained before the transfer of land is effected. It is further stated in the counter-affidavit that as per the orders of the District Collector dated 13.07.1999 the mini stadium has to be constructed within six months from 13.07.1999, which ends by 12.01.2000. Therefore, 7th respondent cannot raise any constructions subsequent to the cut of date. 3. It is stated in the counter-affidavit filed on behalf of the 7th respondent that the District Collector, Karimnagar, vide letter No.B1/4137/99, dated 13.07.1999, sanctioned for transfer of the land to an extent of Ac.4.35 cents out of total extent in Survey No.1201 situated at Koratla village and Mandal by deleting it from the Khariz Khata for construction of a mini stadium and the District Collector also directed the Principal, Govt. Junior College, Koratla to handover the possession of the same to the District Sports Authority, Karimnagar under the cover of panchanama and report compliance at once. The panchanama regarding the transfer of the above said land was done on 11.08.1999. The office of the District Sports Authority, Dr.B.R.Ambedkar Stadium, Karimnagar by letter No.DSA/169/97, dt.05.05.2005 furnished details as desired by the Commissioner, Intermediate Education, A.P., Hyderabad, in respect of the mini stadium being constructed at Koratla Town in Karimnagar District. The foundation for mini stadium was laid on 01.02.2005 and 80% of the work was completed before June, 2005. 4. Heard learned counsel appearing for the petitioner, learned Government Pleader for Revenue appearing for the respondents 1 to 3, learned standing counsel appearing for the respondents 4 & 5, learned Government Pleader for Higher Education appearing for the respondent No.6 and learned counsel appearing for the 7th respondent. 5. Learned counsel appearing for the petitioner submits that the petitioner being an old student of the Govt. Junior College, Koratla, is interested in protecting the property of the college from the hands of the land grabbers. A further submission has been made that the 7th respondent is illegally constructing the mini stadium and therefore, the construction activity is required to be stopped. 6. Learned counsel appearing for the 7th respondent submits that 80% of the work was completed even by the time of filing of the writ petition and the land being allotted for construction of mini stadium by the District Collector, Karimnagar and therefore, it cannot be said that the 7th respondent is a land grabber. 7. It is evident from the material placed on record that an extent of Ac.4.35 guntas of land in Survey No.1201 of Koratla Village and Mandal has been earmarked for construction of mini stadium and that land has been transferred in favour of District Sports Authority vide proceedings dated 13.07.1999 issued by the District Collector, Nizamabad, in which case the contention of the petitioner that the 7th respondent is a land grabber and he is proceeding with the construction has no substance. 8. Accordingly, the writ petition is devoid of merits and the same is hereby dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:25th June, 2009. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}