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Judgment
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made.
“to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions declaring the action of the
Respondents in interfering with the Petitioner’s peaceful possession and enjoyment over Ac.18.30 gts. in Sy.No.25/2, Kancha
Gachibouli Village, Serilingampally Mandal, Ranga Reddy District, as illegal, arbitrary and violation of Article 14 and 300-A of the
Constitution of India and consequently direct the Respondents not to interfere with the Petitioner’s peaceful possession and enjoyment
over the said land and pass such other order or orders…â€
Heard Sri A.Sudarshan Reddy, learned senior counsel appearing for M/s.Indus Law Firm, learned counsel for the petitioner; Sri Harender Pershad,
learned Special Government Pleader, representing the Advocate General, for the respondent Nos.1, 3 and 4; Sri S.Niranjan Reddy, learned senior
counsel, appearing on behalf of Sri Sampath Prabhakar Reddy, learned Standing Counsel for GHMC, for the respondent No.2 and perused the record.
The case and contentions raised by learned senior counsel on behalf of the petitioner are follows:
“The petitioner is University of Hyderabad, which was established by an Act of Parliament (Act 39 of 1974) in the year 1974. Within a short span
of its establishment, the petitioner University emerged as an institute of eminence and excellence. Pursuant to the enactment of the Act, the then
Government of Andhra Pradesh allotted Acs.2324.05 guntas of land in Sy.Nos.1 to 9, 14 to 24 and 25 of Kancha Gachibowli Village, Serilingampalli
Mandal, Ranga Reddy District, to establish university campus and handed over the entire extent of land to it in the year 1975. Out of the said extent of
land, the Government has subsequently taken back approximately Acs.700.00 guntas of land, with a promise to allot alternate land to the petitioner
University, and reassigned the taken back land to various institutions, including private individuals. However, the promise of the Government to allot
alternate land to the petitioner University never materialized. In the year 2003, the then Government of Andhra Pradesh, vide letter No.496/81/2003,
dated 06.08.2003, requested the petitioner University to allot Acs.534.28 guntas of land to IMG Academies Bharat Private Limited, to establish a
sports academy. The Executive Council of the petitioner University had agreed to alienate the said extent of land, subject to the Government agreeing
to allot equal extent of land to the petitioner University. Accordingly, a Memorandum of Understanding, dated 02.02.2004, was entered into between
the petitioner University and the Government. As per Clause 4 of the said MoU, the Government has to allot Acs.397.16 guntas of land on signing of
MoU, Acs.55.00 guntas of land within 30 days and the balance of Acs.82.12 guntas within 90 days from the date of signing of the MoU, and in the
event of failure on the part of the Government to do so, the extent of land not transferred by the Government to the petitioner University shall
immediately revert back to the petitioner University. Since May 2004, the petitioner University has been waiting for exchange of land, as promised by
the Government. Though several letters were addressed by the petitioner University to the authorities concerned in that regard, there is no response till
date. Since the Government did not abide by the terms of MoU, dated 02.02.2004, Acs.400.00 guntas of land in Sy.No.25 of Kancha Gachibowli
Village has reverted back to the petitioner University and the petitioner University continues to be in possession of the said land. In the year 2012, the
respondent No.3-District Collector, Rangareddy District, addressed a letter, dated 19.01.2012, to the Chief Commissioner of Land Administration
(‘CCLA’), seeking permission to resume an extent of Acs.10.23 guntas of land in Sy.No.25 of Kancha Gachibowli village from the possession
of petitioner University for laying a road. The CCLA, vide letter, dated 18.12.2012, in turn, sought consent of the petitioner University for the said
proposal mooted by respondent No.3. The petitioner University opposed the said proposal and as such, the said proposal did not fructify. In fact, as per
the letter, dated 21.03.2011, addressed by the Cabinet Secretary, Government of India, to the Secretary, Department of Higher Education, New Delhi,
in each case of sale or long term lease of land belonging to the Government or Government controlled statutory authorities such as petitioner
University, the approval of the Union Cabinet is essential and as such, the petitioner University is specifically barred from parting the land vested in it,
expect with the approval of Union Cabinet. The 3rd respondent, vide order, dated 01.05.2017, directed the 4th respondent/Tahsildar, Serilingampalli
Mandal, to handover physical possession of Acs.18.30 guntas of land in Sy.No.25/2 of Kancha Gachibowli Village to GHMC, under a cover of
panchanama, for the purpose of providing approach road from ISB road to Government Employees Colonies, totally bypassing the petitioner University
in the said process. The proposal was dropped later, after the petitioner University took strong objection. The possession of the petitioner University
over the said land was never in dispute. While so, the 3rd respondent, vide letter No.LCI/1131/2016, dated 24.08.2018, had once again requested the
petitioner University to permit the GHMC authorities to form/lay an approach road from ISB road to Government Employees Colonies through the
land under possession of the petitioner University. The said request was reiterated by the 3rd respondent vide letter, dated 19.12.2018. The petitioner
University has been asserting all through that it is not in agreement with the proposal mooted by the Government for formation/laying of approach
road. While so, the 3rd respondent once again addressed a letter vide No.LC1/4131/2016, dated 05.01.2021, reiterating the request for laying a road in
Sy.No.25/2 of Kancha Gachibowli village belonging to the petitioner University and requested the Registrar of the petitioner University to attend a
meeting scheduled on 06.01.2021 to discuss the subject matter in the presence of GHMC officials. In the said meeting, the petitioner reiterated its
stand and expressed its inability to part with any land, in view of the specific directions from the Government of India. While so, on 07.01.2021, the
petitioner University was surprised to notice that road leveling activity was taken up by the GHMC for formation of a road. Since the subject land in
an extent of Acs.18.30 guntas vests with the petitioner University, the action of 2nd respondent/GHMC in encroaching the said land is arbitrary and
illegal. The respondents never initiated any steps to acquire the subject land from the petitioner University. Every communication of the respondents
with the petitioner University referred above, clearly indicate that the subject land belongs to the petitioner University and it continues to be in
possession of the same. The contention that there was no concluded alienation proposal in respect of the said land is incorrect.
Further, the contention that the respondents have only blacktopped the pre-existing road is absolutely false and none of the documents filed by the
respondents support the said claim. The subject land measuring Acs.18.30 guntas is well within the boundary (wall) of the petitioner University. The
respondents have not provided a copy of the letter, dated 26.12.2013, purportedly written by the Vice-Chancellor of the petitioner University to the
Principal Secretary to Government, Revenue Department. Further, the petitioner University never received any intimation about constitution of
committee of Senior Officers and their report, dated 10.07.2015, recommending allotment of the subject land towards approach road. The employees
colonies have one of the best and widest approach roads from Financial District side and there is no necessity for laying the present road. The
Government cannot act unilaterally in deciding to lay an approach road, without necessary approval from the Executive Council of the petitioner
University. All the documents being relied on by the 3rd respondent are self-serving documents to which, the petitioner University was neither a party
nor were they marked to the petitioner University seeking its consent. There was no pre-existing road in the subject land. The claim that the proposed
road links the ISB road to Serilingampalli through various residential and commercial establishments, including employees colonies, is not correct. Since
the subject land vests with the petitioner University, it is well within its right to seek redressal of its grievances before this Court and as such, the
contention that the petitioner University has no locus to file this writ petition is incorrect. Unless the 2nd respondent is interdicted from interfering with
the peaceful possession and enjoyment of the subject land by the petitioner University, the petitioner University would suffer irreparable loss and
hardship. The action of 2nd respondent is illegal and ultimately prayed to allow the writ petition as prayed for.
Respondent No.3/Collector, Rangareddy District, filed counter, the contentions raised are as follows:
“The writ petition does not disclose any valid/substantial grounds to grant any relief. The petitioner University has no locus to file the present writ
petition, since it is neither in possession nor can be considered as an interested party in respect of the subject land, which is now being put to use for
the purpose of movement of public/residents and for the vehicular traffic. As per revenue records, the land in Sy.No.25 measuring Acs.2374.02
guntas, situated at Gachibowli Village is Government land, which is classified as ‘Kancha Asthabal Poramboke Sarkari’. Till date, there are no
concluded alienation proposals in respect of the said land. In a portion of the said Government land, i.e., Acs.18.30 guntas, which is being claimed by
the petitioner University, there is an existing road, which was black topped, from ISB road to Government Employees Colonies. The petitioner
University itself admitted in their letter, dated 26.12.2013, addressed by its Vice Chancellor to the Principal Secretary to Government, Revenue
Department, that out of Acs.2324.05 guntas of land allotted to the petitioner University, an extent of Acs.400.00 guntas and Acs.134.28 guntas of land
in Sy.No.25 of Gachibowli village was resumed by the Government and some part of the said land was allotted in favour of IMG Acadamies Bharat
Private Limited and TNGOs/High Court employees colonies respectively, and in exchange, an extent of Acs.397.16 guntas of land in Sy.Nos.36 &
37 of Gopanpally village was handed over to the petitioner University, but subsequently, the said land was also allotted to various organizations, and
ultimately, requested for alienation of remaining Acs.1785.07 guntas in its favour. This creates a shadow on the lawful title of the petitioner University
over the subject land. Later, the Government, vide Memo, dated 21.11.2014, constituted a Committee of senior officers for inspection of land for
alienation to petitioner University and other educational institutions and to submit a factual report along with its recommendations on utilization of land
and institutional requirements for different educational institutions etc. The said Committee, vide report dated 10.07.2015, recommended for alienation
of Acs.1626.01 guntas of land out of Acs.1785.07 guntas of land in favour of the petitioner University and recommended to keep the balance extent of
Acs.159.06 guntas in reserve, for alienation of the same in six parcels to different educational institutions and for public good. Out of the said
Acs.159.06 guntas of land, an extent of Acs.18.30 guntas was allotted to form/lay an approach road to the existing employees colonies, which
necessitated the respondent authorities to black top the existing mud road, and as such the petitioner University cannot have any objection to the same.
Accordingly, the Government, vide Memo No.11447/Assn.II(1)/2016-2, dated 02.01.2017, permitted the 3rd respondent/Collector, Rangareddy
District, to get the Government land to an extent of Acs.18.30 guntas in Sy.No.25 of Kancha Gachibowli Village, which was demarcated for the
purpose of the approach road from ISB road to the Government Employees Colonies and to take necessary action. Accordingly, after survey of the
said land and obtaining reports from the Assistant Director, Survey & Land Records, Rangareddy District, the Deputy Collector & Tahsildar,
Serilingampalli Mandal, and Revenue Divisional Officer, Rajendernagar Division, the 3rd respondent/District Collector, Rangareddy District, issued
Proceedings No.LC1/4131/2016, dated 01.05.2017, directing the Deputy Collector & Tahsildar, Serilingampalli Mandal, to hand over physical
possession of vacant Government land in an extent of Acs.18.30 guntas in Sy.No.25/2 of Kancha Gachibowli village to the GHMC, under cover of
panchanama. Accordingly, the said extent of land was handed over to GHMC Authorities in the year 2017. There is a dire need to expand the width
of the existing road to 36 meters Master Plan road, as the same being a connectivity road from ISB road to Serilingampalli, through employees
colonies, and other residential and commercial establishments, which is in the best interest of the public. Thus, the petitioner University has no
semblance of right over the said Acs.18.30 guntas of land in Survey No. 25 of Kancha Gachibowli village. In fact, the land measuring Acs.134.28
guntas allotted to housing societies was in lieu of the land reserved for them in Sy.Nos.36 & 37 of Gopanpally Village, which was subsequently allotted
to the petitioner University, as part of Acs.397.00 guntas, as mentioned by the Vice Chancellor of the petitioner University in his letter, dated
26.12.2013. In fact, the Government, vide Memo No.39612/Asn.V(2)/2003, dated 13.01.2004, issued orders directing that the land in an extent of
Acs.400.00 guntas in Sy.No.25 situated at Kancha Gachibowli Village, belonging to petitioner University of Hyderabad, be handed over advance
possession in favour of International Management Group (IMG) Bharatha USA, for establishing International Sports Academy and that an extent of
Acs.317.00 guntas of Government land available in Sy.Nos.36 & 37 of Gopanpally Village, be handed over advance possession in favour of the
petitioner University, in lieu of their lands in Sy.No.25 of Kancha Gachibowli Village, as a compensatory measure, pending handing over of land in an
extent of Acs.83.00 guntas, which has to be resumed, as the lands are covered under assignments and that land to an extent of Acs.134.28 guntas
situated in Sy.No.25 of Kancha Gachibowli Village be exchanged with that of the equal extent of land in Sy.No.36 of Gopanpally village, earmarked
for Employees House Building Society. Further, Acs.400.00 guntas of land, which was allotted to IMG Academies Bharat Private Limited was
demarcated, leaving 28 meters from the existing HT lines. Thus, a piece of land with width of 28 meters under/along the HT lines from ISB road to
employees’ colonies is part of the Master Plan road notified by HMDA and it is necessary to provide approach road, as per Master Plan of
HMDA, along/under the HT lines in the 28 meters piece of land, which is not useful for any other purpose. Part of land in Sy.No.25 of Gachibowli
village and Sy.No.37 of Gopanpally Village, was allotted to the State Government Employees for the purpose of house sites and the said land is
covered by number of residential buildings. As there was no proper road to enter into the said land, the existing mud road was black topped. Even in
the Master Plan of HMDA, a road with a width of 36 meters was clearly earmarked under the ‘High Tension Lines’ going through the site
from ISB to Nallagandla Village. In pursuance to the above procedure, the subject land measuring Acs.18.30 guntas has been handed over to the
Deputy Executive Engineer/Assistant Executive Engineer, GHMC, Circle No. 20, Serilingampally on 20.12.2018, under a cover of panchanama. After
taking over the possession of the said land, the GHMC authorities have black topped the existing approach road in the subject land, for which the
petitioner is now raising objections. A mud road was already in existence as an approach road to the above mentioned colonies, which was not black
topped and which is now being carried out for the use of public and vehicular traffic for transportation of utilities, in the public interest. In fact, an
extent of Acs.741.34 guntas of land in Sy.No.25 of Kancha Gachibowli Village, was handed over to various educational institutions/organizations/
sports authority etc., and thus, the petitioner university cannot claim to be in possession of entire land in Sy.No.25 of Gachibowli Village. The subject
Acs.18.30 guntas of land, where a mud road is existing, which is black topped by respondent authorities, is in fact, the boundary running from ISB till
TNGOs Colony. The said road is a part and parcel of the HMDA Master Plan and the said existing mud road, which was black topped by GHMC
authorities, is only meant for public purpose and as such, the writ petitioner cannot find fault with black topping of the existing road. The aspect that
the Government is in possession over an extent of Acs.400.00 guntas was in fact recorded by a Division Bench of this Court in W.P.No.24781 of
2006 filed by IMG Academies Bharat Private Limited, in the interim orders passed in WPMP No.31696 of 2006, dated 29.11.2006. Hence, the claim
of the petitioner University that they are in possession of the subject land, which is on the other side of land measuring Acs.400.00 guntas and being
put to use for expanding the existing connecting road from ISB road to Serilingampalli through employees TNGOs Colonies, is unsustainable. Further,
there is no direct connectivity to the University lands from the land where the road is being expanded.
The petitioner University, being an allottee and in whose favour till date no alienation and conveyance proposals have been finalized, cannot claim to
be the owner and possessor of the subject land and obstruct forming/laying the road, which is for the public good. Further, the residents of employees
colonies cannot be deprived of their right of way by the petitioner university. The petitioner University, if aggrieved, should approach the competent
forums seeking appropriate reliefs. Further, the petitioner University, claiming to be an allottee of a large extent of land, has to necessarily approach
the owners of the land, i.e., the Government to seek redressal of its grievance. Further, the Memo No.35090/Assn.II(2)/ 2012, dated 21.11.2014,
issued by the Chief Secretary to the Government, substantiate that till date, no alienation of Government land in an extent of Acs.1785.00 guntas is
made in favour of the petitioner University and the said proposal is under consideration before the Government. Thus, the title of the subject land still
lies with the Government. The expansion of the existing road does not, in any way, cause hindrance to the petitioner University nor it amounts to
dispossessing the petitioner University or depriving or taking away valuable rights of the petitioner University. Further, the extent of land being
requested for alienation by the petitioner University is much more than its requirement. There are no merits in the writ petition and the same is liable to
be dismissed.
In view of the contentions raised by both sides as indicated above, the questions that require examination in this writ petition are as follows:
Whether the disputed land in an extent of Acs.18.30 guntas in Sy.No.25/2 of Kancha Gachibowli Village, where black top road is laid, absolutely
vests with the petitioner University?
Whether, as alleged, there is unlawful interference and violation of Articles 14 and 300A of the Constitution of India on the part of the respondents
in respect of the disputed land in an extent of Acs.18.30 guntas in Sy.No.25/2 of Kancha Gachibowli Village?
Whether the contentions raised by both sides in relation to the disputed land in an extent of Acs.18.30 guntas in Kancha Gachibowli Village be
answered under Article 226 of the Constitution of India?
Several contentions have been advanced by the learned senior counsel appearing for both the sides. To crystallize the subject matter of this writ
petition, the first and foremost aspect to be examined is as to whether the petitioner University has substantiated its stand with regard to the exclusive
ownership and possession over the subject land measuring Acs.18.30 guntas in Sy.No.25/2 of Kancha Gachibowli Village, Serilingampalli Mandal,
Rangareddy District. The petitioner University contends that the then Government of Andhra Pradesh allotted Acs.2300.00 guntas of land to it in
Sy.Nos.1 to 9, 14 to 24 and 25 of Kancha Gachibowli Village, Serilingampalli Mandal, Ranga Reddy District, to establish university campus and
handed over the entire extent of land to it in the year 1975. Vide letter of allotment, dated 21.02.1975, the Deputy Secretary to Government, Education
Department, addressed a letter to the Officer on Special Duty of the petitioner University, which reads as follows:
I am to say that the State Government have decided to allot the University of Hyderabad, free of cost, an extent of 2300 acres of land of Kancha
Gacchi Bowli on the left side of old Bombay road.
This area includes an etent of 200 acres, which would be earmarked for the Department of Science and Technology, Government of India. The
allotment of the land to the University will be subject to the condition that the land should be used for the purposes allotted. The land will revert to the
State Government, if it is used for other purposes not directly connected with education or technology without the prior permission of the State
Government.â€
In the aforementioned letter, dated 21.02.1975, it was mentioned that the State Government has decided to allot an extent of Acs.2300.00 guntas of
land to the petitioner University, free of cost, at Gachibowli village. This letter is only a proposal to allot Acs.2300.00 guntas of land at Gachibowli
village to petitioner University. On the strength of this letter, no absolute and exclusive ownership of Acs.2300.00 guntas of land can be claimed by the
petitioner University. In any event, the said letter cannot be construed as a conveyance deed or a Government Order, granting exclusive ownership
over Acs.2300.00 guntas of land at Gachibowli Village to the petitioner University. Further, there is no mention in that letter, dated 21.02.1975, that the
possession of Acs.2300.00 guntas of land was delivered to the petitioner University by the State Government. It is not in dispute that the subject land
in an extent of Acs.18.30 guntas is a part of the said land. The petitioner University, except contending that the land in question belongs, vests and
owned by the petitioner University, did not file any document showing its lawful right and title over the subject land, that is to say, the said land was
alienated to it by the Government by way of a proper conveyance deed/Government Order. When this Court asked the learned senior counsel
appearing for the petitioner University to show any document conveying the ownership and possession of the subject land in favour of the petitioner
University, learned senior counsel submitted that there is lot of correspondence to show the ownership and possession of the subject land, but he could
not point out a single document to that effect. On the other hand, the respondents contended that the land in Sy.No.25 measuring Acs.2374.02 guntas
situated at Gachibowli Village is Government land, which is classified as ‘Kancha Asthabal Poramboke Sarkari’ and till date, there are no
concluded alienations in respect of the said land in favour of anybody.
The learned senior counsel appearing for the petitioner University vehemently contended that as per Clause 4 of the Memorandum of
Understanding, dated 02.02.2004, entered into between the petitioner University and the Government, in lieu of resumption of Acs.534.28 guntas of
land and allotment of part of said land in favour of IMG Academies Bharat Private Limited to establish a sports academy and for other purposes, the
Government, in exchange, was supposed to allot Acs.397.16 guntas of land on signing of MoU, Acs.55.00 guntas of land within 30 days and the
balance of Acs.82.12 guntas within 90 days from the date of signing of the MoU, and in the event of failure on the part of the Government to do so,
the extent of land not transferred by the Government to the petitioner University shall immediately revert back to the petitioner University, and since
the Government did not abide by the terms of MoU, dated 02.02.2004, Acs.400.00 guntas of land in Sy.No.25 of Kancha Gachibowli Village has
reverted back to the petitioner University and the petitioner University continues to be in possession of the said land. However, the said contention
cannot be accepted for the simple reason that the petitioner University itself admitted in their letter, dated 26.12.2013, addressed to the Principal
Secretary to Government, Revenue (Assn.V) Department, that an extent of Acs.400.00 guntas and Acs.134.28 guntas of land (total Acs.534.28
guntas) in Sy.No.25 of Gachibowli village was resumed by the Government and allotted in favour of IMG Acadamies Bharat Private Limited and
TNGOs/High Court employees colonies respectively, and in exchange, an extent of Acs.397.16 guntas of land in Sy.Nos.36 & 37 of Gopanpally
village was handed over to the petitioner University, but subsequently, the said land was allotted to various organizations by the Government, and
requested for alienation of remaining Acs.1785.07 guntas in favour of the petitioner University. Correspondence made by letter, dated 26.12.2013,
clearly demonstrates that the petitioner University is ultimately claiming Acs.1785.07 guntas of land and requested the State Government to alienate
the same in its favour by way of proper Government Order or conveyance deed. Admittedly, till date, no such Government Order or conveyance deed
was made in favour of the petitioner University by the respondents. The petitioner University, in their reply affidavit, contended that the said letter,
dated 26.12.2013, was not provided to it by the respondents. Here it is pertinent to state that the said letter, dated 26.12.2013, which was addressed by
the Vice Chancellor of the petitioner University to the Principal Secretary to Government, Revenue (Assn.V) Department, originated from the office
of the petitioner University. It is not the case of the petitioner University that no such letter was addressed by it to the respondents. Therefore, there is
no substance in the submission made in this regard by the petitioner University. Pursuant to the request of the petitioner University to allot remaining
Acs.1785.07 guntas of land to it, the Government, vide Memo, dated 21.11.2014, constituted a Committee of senior officers for inspection of land for
alienation in favour of petitioner University as well as other educational institutions and to submit a factual report along with its recommendations on
utilization of land and institutional requirements for different educational institutions etc. The said Committee, vide report dated 10.07.2015,
recommended for alienation of Acs.1626.01 guntas of land out of Acs.1785.07 guntas of land in favour of the petitioner University and recommended
to keep the balance extent of Acs.159.06 guntas in reserve, for alienation of the same in six parcels to different educational institutions and for public
good. Out of the said Acs.159.06 guntas of land, the subject land measuring Acs.18.30 guntas was allotted to form/lay an approach road to the
existing employees’ colonies. Accordingly, the Government, vide Memo No.11447/Assn.II(1)/2016-2, dated 02.01.2017, permitted the 3rd
respondent/Collector, Rangareddy District, to get the Government land to an extent of Acs.18.30 guntas in Sy.No.25 of Kancha Gachibowli Village,
which was demarcated for the purpose of the forming/laying approach road from ISB road to the Government Employees Colonies and to take
necessary action. Accordingly, after survey of the said land and obtaining reports from the Assistant Director, Survey & Land Records, Rangareddy
District, the Deputy Collector & Tahsildar, Serilingampalli Mandal, and Revenue Divisional Officer, Rajendernagar Division, the 3rd
respondent/District Collector, Rangareddy District, issued Proceedings No.LC1/4131/2016, dated 01.05.2017, directing the Deputy Collector &
Tahsildar, Serilingampalli Mandal, to hand over physical possession of ‘vacant Government land’ in an extent of Acs.18.30 guntas in Sy.No.25/2
of Kancha Gachibowli village to the GHMC, under cover of panchanama. Accordingly, the said extent of land was handed over to GHMC Authorities
in the year 2017. Under these circumstances, it cannot be said that the Government have no semblance of right over the subject land measuring
Acs.18.30 guntas in Sy.No.25/2 of Kancha Gachibowli village, Serilingampalli Mandal, Rangareddy District, where kacha road is being converted into
black top road. Moreover, the kacha road is running under High Tension electrical lines, where the stipulation requires that 10 meters width black top
road should be laid under those High Tension electrical lines.
There is yet another aspect. Learned senior counsel appearing for respondent No.2/GHMC would submit that after resuming an extent of
Acs.400.00 guntas of land from the petitioner University, the same was allotted to IMG Acadamies Bharat Private Limited. Subsequently, the
Government again resumed the said land from IMG Acadamies Bharat Private Limited. Challenging the said resumption, IMG Acadamies Bharat
Private Limited filed W.P.No.24781 of 2006 before this Court and this Court, vide order, dated 29.11.2006, passed in WPMP No.31696 of 2006,
ordered as follows:
“Learned Advocate General says that possession of land in question had already been taken over. Shri V.Venkata Ramana does not dispute this
statement, but says that the Court may direct the parties to maintain status quo.
In the facts and circumstances of the case, we deem it proper to direct that status quo in respect of the land in question must be maintained, as it is
obtaining today. This would necessarily mean that the possession of the property will remain with the State of Andhra Pradesh and no charge of any
type will be created over it. Likewise, the petitioner shall in no manner create any charge directly or indirectly in respect of the land in question.â€
A perusal of the above interim order, dated 29.11.2006, makes it clear that the land in an extent of Acs.400.00 guntas was already taken over by
the Government. Admittedly, the petitioner University is not a party to the said W.P.No.24781 of 2006. If at all the petitioner University asserted any
claim over the said extent of land, as is being claimed in this writ petition, it ought to have got impleaded in the said W.P.No.24781 of 2006 and
contested the matter. Having chosen not to get impleaded itself in W.P.No.24781 of 2006, now it is not proper to the petitioner University to contend
that the said extent of Acs.400.00 guntas of land belongs to it.
Further, a perusal of the location sketch map filed by the respondents reveals that the disputed extent of Acs.18.30 guntas of land is the boundary
of said Acs.400.00 guntas of land, running from ISB road till TNGOs Colony. Further, electrical HT lines are passing over/along the disputed area.
According to the respondents, the subject Acs.400.00 guntas of land, which was allotted to IMG Academies Bharat Private Limited, was demarcated,
leaving 28 meters of land under/along the existing HT lines and that the same piece of land from ISB road to employees colonies, is part of the Master
Plan Road, notified by HMDA, and it is necessary to provide approach road, as per Master Plan of HMDA, and said left over land is not useful for
any other purpose. There is merit in the said contention. As per the submissions and the material placed on record, the said 28 meters piece of land
was a kacha road and now, black top road is laid thereon.
Learned senior counsel appearing for the petitioner University contended that if at all the Government wants to form/lay a road in the subject land,
it has to acquire the subject land from the petitioner University. In the instant case, since the petitioner University failed to substantiate its exclusive
ownership and possession over the subject land, the question of acquiring the subject land by the Government from the petitioner University does not
arise. Further, the 3rd respondent, in his order dated 01.05.2017, categorically observed that the subject land admeasuring Acs.18.30 guntas is
‘vacant Government land’ and directed the 4th respondent to handover physical possession of the same to GHMC, under a cover of
panchanama, for the purpose of providing approach road from ISB road to Government Employees Colonies. Further, the contention of the petitioner
University that there is no necessity for laying/forming the subject road since the employees colony has best and widest approach roads from the
Financial District side cannot be sustained, as it is the prerogative of the Government to use the land belonging to it in the best interest of the public.
Further, in view of the material on record, it is rightly contended on behalf of the respondents that there is no lawful allotment and delivery of
possession of the entire land measuring Acs.2300.00 guntas in favour of the petitioner University by the respondents and the said land is not in
exclusive possession of the petitioner University. Hence, laying/forming a road in the subject land, which is part and parcel of the said Acs.2300.00
guntas of land, by the respondents cannot be held as illegal and unlawful interference over the land belonging to the petitioner University.
It is the case of the petitioner University that the impugned action of the respondents is violative of Articles 14 and 300A of the Constitution of
India. Articles 14 and 300A of Constitution of India read as follows:
Equality before lawâ€"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of
India.
300A. Persons not to be deprived of property save by authority of lawâ€"No person shall be deprived of his property save by authority of law.
As stated above, there is no lawful allotment and delivery of possession of entire extent of Acs.2300.00 acres of land to the petitioner University by
the respondents. Further, as per the letter, dated 26.12.2013, the petitioner requested the Government to alienate Acs.1785.07 guntas of land in its
favour. Further, in view of the MoU, dated 02.02.2004, the petitioner University already parted Acs.534.28 guntas of land and the subject land
measuring Acs.18.30 guntas is part and parcel of the said land. Further, the subject land was taken over by GHMC pursuant to the letter, dated
01.05.2017, of the District Collector, Rangareddy District, and a black top road is laid. Further, High Tension electrical lines are passing over/along the
subject land measuring Acs.18.30 guntas. Under these circumstances, it cannot be held that the petitioner University is deprived of its property or
there is denial of equality before the law to the petitioner University.
Further, there are many factual aspects in this writ petition, such as claiming vested ownership and continuous possession over an extent of
Acs.2300.00 guntas of land by the petitioner University. On the other hand, serious dispute is raised by the respondents that an extent of Acs.2300.0
guntas of land was not allotted to the petitioner University and there is no Government Order or Conveyance Deed conveying the said extent of land
in favour of the petitioner University and the Government is in physical possession of the land, which is open, and till date, there are no concluded
alienation proposals in respect of the subject land. Further, in view of the recommendation of the Committee of the Senior Officers in its report, dated
10.07.2015, the Government is contemplating to alienate Acs.1626.01 guntas of land only in favour of the petitioner University. An extent of
Acs.400.00 guntas of land out of Acs.2300.00 guntas of land was given to the Government by the petitioner University and the Government resumed
the said extent of land. In addition to these, there are many other factual aspects involved in this writ petition, which cannot be adverted to under
Article 226 of the Constitution of India. In Abl International Limited and another Vs. Export Credit Guarantee Corporation of India Limited (2004) 3
Supreme Court Cases 553, the Hon’ble Supreme Court of India held as follows:
“a writ petition involving serious disputed questions of facts which requires consideration of evidence which is not on record, will not normally be
entertained by a court in the exercise of its jurisdiction under Article 226 of the Constitution of India.â€
In a recent judgment in Shubhas Jain Vs. Rajeshwari Shivam and others Decided on 20.07.2021 by the Hon’ble Supreme Court of India in Civil
Appeal No.2848 of 2021, the Hon’ble Apex Court observed that the High Court exercising its extraordinary writ jurisdiction under Article 226 of
the Constitution of India, does not adjudicate hotly disputed questions of facts. Further, it is settled law that if, in a petition filed under Article 226 of the
Constitution of India, complicated questions of fact, which require a regular and full-fledged trial are involved, it is but prudent that the Court should
refrain itself from entertaining such petition and relegate the party to the normal remedy to obtain redress in a suit. In the circumstances, it is left open
to the petitioner University to work out the remedies before the competent civil Court. There are no merits in the contentions raised on behalf of the
petitioner University. Viewed from any angle, it is not a fit case to grant the relief sought for. The writ petition is devoid of merit and is liable to be
dismissed.
In the result, the writ petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall
stand closed.