Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY, P.S.NARAYANA
Secretary to Government, Revenue (Endowments) Department, A.P., hyderabad - Appellant
Versus
Swamy Ayyappa Cooperative Housing Societies Limited, Hyderabad - Respondent
Decided On : 10-15-03
Constitution of India – Article 226 and 14 – Urban Land (Ceiling and Regulation) Act, 1976 – Section 19 – Hindu Religious Institutions and Endowments Act, 1966 – Hindu Religious institutions and Endowments Act, 1987 (Act 30 of 1987) – provisions of the Act 17 of 1966 and Act 30 of 1987 – Section 28 – Act 30 of 1987 – Section 89 – Wakf Act, 1954 – Section 2 – Act 17 of 1966 – Section 38 – Act 30 of 1987 – Section 81 – Act 17 of 1966 – Section 74 – Endowments Department – illegal and legality – Writ appeals and writ petitions may be disposed of by a common judgment question that arises for consideration in all these matters is one and stranger than fiction institution founded by noble men whose management was entrusted to a Trust Board disappeared into thin air not on account of any onslaught and difficulties created by strangers but on account of the death wish of those who were entrusted with duty of managing affairs of institution movable and immovable properties worth crores of rupees gathered by noble men were parceled out to private buccaneers who masqueraded themselves as trustees of properties – Held, Writ petitioners so interested appropriate applications before competent authorities within eight weeks from today and in such an event the same shall be disposed of within four months from the date of filing of the same. During the pendency of consideration of request to be made by writ petitioners by competent authorities writ petitioners shall not make any construction of whatsoever nature and shall maintain status quo existing as on today in all not alienate or encumber lands in their possession or any portion thereof in any manner whatsoever – Regard totality and circumstances of case we are inclined to leave remedies of writ petitioners open to approach commissioner of Endowments as well as Government seeking appropriate relief in which event Commissioner of Endowments Government shall consider same subject to such terms and conditions as they may consider fit and proper in background of facts and circumstances and also in light of observations made in this judgment – Writ petitions are accordingly disposed.
( 1 ) THIS batch of writ appeals and writ petitions may be disposed of by a common judgment, since the question that arises for consideration in all these matters is one and the same. The facts are stranger than fiction. An institution founded by noble men, whose management was entrusted to a Trust Board, disappeared into thin air not on account of any onslaught and difficulties created by the strangers but on account of the death wish of those who were entrusted with the duty of managing the affairs of the institution. The movable and immovable properties, worth crores of rupees, gathered by the noble men were parceled out to private buccaneers who masqueraded themselves as the trustees of the properties. Factual matrix: one late Pandit Bansilal Radhelal Vyas, his colleagues and associates successfully persuaded philanthropic minded people to give and donate movable and immovable property and in the process they have been able to gather and receive donations and gifts including considerable extents of lands for the purpose of establishing a gurukul . That various buildings were built and certain lands and properties were fully purchased and/or acquired for the gurukul and such Gurukul was established, maintained and conducted at Anantagiri rambagh, Hyderabad in the first instance and thereafter moved to Ghatkesar in taluka East of Hyderabad District (presently Ranga Reddy District) about 16 miles away from the city of Hyderabad. It is popularly known as gurukul ghatkeshwar . The institution had been imparting education and functioned as a regular educational institution under the able supervision of the said late pandit Bansilal Vyas and his selfless colleagues and teachers. Pandit Bansilal vyas, who gave up everything for Gurukul Ghatkeshwar, breathed his lost on the night between 1st and 2nd September, 1956 in a train accident that took place between Jadcherla and Mahabubnagar.
( 2 ) THEREAFTER, it was thought fit and expedient to prepare a regular trust deed inter alia describing the functions, rights and obligations of trustees and regulating the procedure of their meetings and various other activities and functions which they or any one of them is called to perform as such a trustee and to make a formal declaration of the trust. That is how the trust known as "gurukul Ghatkeshwar Trust" had come into existence with the same object of establishing, maintaining, managing and taking over and conducting schools, colleges, multipurpose schools, hostels, libraries, reading rooms and to aid and assist all kinds of educational and philanthropic institutions for which purpose huge movable and immovable properties were acquired in the manner referred to hereinabove. Even by the early fifties the Trust had owned and possessed the landed properties of Ac. 649. 02 guntas in Izzatnagar, Khanamet, Hyderabad West in the State of Andhra Pradesh and some properties in Nanded of Maharastra State. The landed properties, except that are situated at Nanded, are in the vicinity of Hyderabad Metropolis. One B. Kishan Lal, became the managing trustee and was managing the trust properties from 1960 onwards. He sold away the entire immovable properties belonging to the trust admeasuring Ac. 627-00 either by himself or through his general Power of Attorney agents and accordingly executed the sale deeds and got them registered in favour of the purchasers. Various Cooperative House Building societies and individuals have purchased different extents of lands. One Sri Swamy Ayyappa Cooperative Housing Society Limited (petitioner in w. P. No. 14387 of 1999 out of which W. A. Nos. 1769 and 1792 of 2001 arise) purchased a total extent of Ac. 140-20 guntas of land in Survey Nos. 11/8 to 11/18 situated in Khanamet village near Madhapur in Ranga Reddy District during 1982 from the trust represented by its President under three different registered documents dated 22-5-1982, 2-7-1982 and 2-8-1982 respectively and took possession of th
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