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2012 Supreme(AP) 843

High Court of Andhra Pradesh
PINAKI CHANDRA GHOSE, VILAS V. AFZULPURKAR, JJ.
Gangula Narasimha & Others
Versus
Government of Andhra Pradesh Rep. by Principal Secretary Revenue Department Hyderabad & Others
Writ Petition Nos.20407 of 2008, 9714 & 16658 of 2009
Decided On : 12-09-2012

Advocates Appeared:
For the Petitioners:B.V.V.S. Murthy, Advocate.
For the Respondents:R1 & R2 - G.P. for Revenue, R3 to R7 - K. Rajanna, R8 - C. Raghu, R10 & R11 - Bussa Rajinder, R12 to R221 - Vedula Srinivas, R222 to R254 - E. Manohar, Sr. Counsel for K. Venkat Rao, R255 to R280 - P. Srinivasa Rao, 281 to 315 & 317 to 335 - C. Masthan Naidu, R316 - Ms. N. Niyatha, Advocates.

Headnote:(A) A.P. Charitable and Hindu Religious Institutions and Endowments Act 1987 Section 6 - Gurukul Ghatakesar Trust (GGT) - Provisions of Act are applicable and Trust is legally required to conduct management of its affairs strictly in accordance with provisions of Act.

       (B) Trusts Act 1882 - Section 1 – Trusts Act has application only to private Trusts and has no application to Public Trusts---Trust established for charitable public purpose does not come under purview of Act.

Judgment :

1. Legality of the orders passed by the Special Officer and Competent Authority (S.O. & C.A), Urban Land Ceiling, Hyderabad in Proceedings No.H1/4933/76 and H1/177/77 under Section 6(1) of Urban Land (Ceiling and Regulation) Act, 1976 dated 4.8.2005, determining that Gurukul Ghatakesar Trust (for short GGT) which held an extent of Ac.649.20 gts of land in Khanamet and Izzatnagar villages of Serilingampally Mandal in Rangareddy District in the capacity of a Charitable Trust, is holding land in excess of ceiling limit to the extent of 23,16,839.02 sq.meters as confirmed by the Commissioner, Appeals, Office of Chief Commissioner and Land Administration, Andhra Pradesh, Hyderabad in No.HYD/102/2006 dated 24.1.2007, is the prime issue involved in these three writ petitions filed by - (i) 32 persons claiming to be the “protected tenants” of some of the lands of Gurukul Ghatakesar Trust, (ii) by way of a Public Interest Litigation by one Sri Chandra Sena Reddy and two others challenging the inaction of the respondent-authorities in not taking action for protection of the Trust properties and (iii) Sri Gurkul Ghatkesar Trust, Ghatkesar village, represented by its Fit Person, Ghatkesar, Rangareddy District respectively.

2. While W.P.Nos.9714 and 16658 of 2009 are filed challenging the orders of the Special Officer and Competent Authority, ULC, Hyderabad dated 4.8.2005 as confirmed by the orders passed by the Commissioner, Appeals dated 24.1.2007, W.P.No.20407 of 2008 is filed by the protected tenants challenging the action of the respondent-authorities in including their land in Khanamet village, Rangareddy District, allegedly taken possession by the Government under the provisions of the ULC Act and in occupation of third parties, for regularization in favour of third parties in occupation as per G.O.Ms.No.747 Revenue (U.C.I) Department dated 18.6.2008. By the said G.O. Government issued guidelines formulating a general scheme for allotment of excess lands which were vested in the Government and possession of which has been taken over by the Government under the provisions of ULC Act, 1976 to the land owners/declarants/third parties in occupation subject to certain conditions. It may be noted here that the land of the Trust which the protected tenants are claiming was said to have been taken possession of by the State under the ULC proceedings on 19.4.2006. Pursuant to the orders in G.O.Ms.No.747, number of persons who are in occupation of plots/land of the Trust filed applications for regularization of their occupation including the party respondents herein who are in occupation of the Trust land. Petitioner in W.P.No.9714 of 2009 also filed W.P.M.P.No.12637 of 2009 for a direction to the respondents 3 and 4 not to regularize any building under G.O.Ms.No.901 M.A dated 31.12.2007 and not to regularize any layout under G.O.Ms.No.902 MA dated 31.12.2008 and to direct the respondents 5 and 8 not to allow any further encroachments/constructions in the GGT lands.

3. Subsequent to the filing of the writ petitions, members of Sri Swamy Ayyappa Cooperative Housing Society Ltd. which acquired land from the Trust and some individuals who have purchased plots from the said society, persons who purchased the land directly from the President of the Trust Sri Kishanlal or through his General Power of Attorney and some welfare housing associations who have purchased land/plots from the Trust or Ayyappa Cooperative Housing Society and other Housing Corporations/Societies got themselves impleaded as respondents in the writ petitions.

In W.P.No.20407 of 2008 Respondents 3 to 335 were impleaded by various orders passed by this Court in umpteen miscellaneous petitions. Similarly, in W.P.No.9714 of 2009 respondents 9 to 344 were impleaded and in W.P.No.16658 of 2009 respondents 4 to 211 were impleaded.

Arya Pratinidhi Sabha, Andhra Pradesh, Sultan Bazaar represented by its President and Arya Samaj, Banswada, Nizamabad District represented by its






































































































































































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