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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
K.C. Banu and Anis, JJ.
V. Kameswara Rao - Appellants
Vs.
The District Legal Services Authority - Respondent
W.P. No. 28057 of 2012 and W.P. SR. No. 138912 of 2014
Decided On: 23.09.2014
Societies Registration Act, 1860 – Agreement of sale – Respondent is a society registered in accordance with provisions of Act, 1860 with objectives inter alia to establish and run educational institutions – It established several educational institutions in and around Vijayawada, and one such educational institution is College established society entered into an agreement of sale for purchase of property in College agreement contains a recital that second respondent has to obtain necessary permission from the Government for executing sale deed of the third respondent – Mean while, the Special Officer and Competent Authority – Urban Land Ceiling – Vijayawada issued an order dated 25.01.1982 holding that as the said land covered under the agreement has not been registered in society it would be computed to holding of second respondent, and the said order was confirmed by the appellate authority – Under the repealed Act 33 of declaration has to be filed in respect of urban property in possession any individual, the third respondent filed a declaration showing that the property is held by it. The Special Officer, vide proceedings directed to approach the Government under Section 20(1) of the Act. Challenging the order wife of the second respondent filed Writ Petition – Legal Services Committee, filed counter affidavit on behalf of the first respondent stating that as per record, Appeal Suit was referred to said appeal, third respondent society represented by its Secretary Sri was the appellant and was the respondent. On the same day, parties filed terms of compromise dated before appellant and respondent in the appeal along with their respective counsels were present and on verification of record and after reading over the contents of the said terms of compromise to both parties and also on identification of parties by their respective counsels passed impugned Award and later concerned record was sent back to the concerned court writ petitioner represented society as Secretary appeared before and was identified by counsel and signed on Award before and that there is no irregularity or illegality in passing Award – Regulation provides that an authority is conferred with certain liabilities or duties cast on him, they should be performed in accordance with the provisions of the statute, rule or regulation. It means a decision according to the principles of law applicable. When a statutory duty is conferred it has to exercise that duty in accordance with law especially when Award passed by final and no appeal shall lie to any Court against the Award requisite care should have been taken by while passing Award. Any infraction of Rules or Regulations or the provisions of the statute, debars a party in filing the appeal or recalling such Award except by filing Writ Petition invoking jurisdiction of this Court under Article 226 of Constitution of India only in case of obtaining Award by playing fraud or misrepresentation, and finally binding on the parties to the suit or appeal and becomes executable as if it is a decree of Civil Court impugned Award is not signed by the parties to the appeal and therefore it is not binding on any one of the parties to appeal – Writ Petitions closed.
K.C. Bhanu, J.
1. Writ Petition No. 28057 of 2012 is filed seeking to issue a writ of certiorari calling for the records relating to the Award dated 29.09.2011 passed by the first respondent in Case No. 1890 of 2011 and quash the same and consequently restore Appeal Suit No. 128 of 2007 to the file of the VII Additional District Judge, Krishna at Vijayawada.
2. The brief facts may be stated as follows.
Third respondent is a society registered in accordance with the provisions of the Societies Registration Act, 1860, with objectives inter alia to establish and run educational institutions. It established several educational institutions in and around Vijayawada, and one such educational institution is Sathavahana College established in 1971. The society entered into an agreement of sale dated 11.12.1974 for purchase of property admeasuring Ac. 2.94 cents in NTS 13, Moghalrajapuram, Vijayawada for establishment of Sathavahana College. The agreement contains a recital that second respondent has to obtain necessary permission from the Government for executing sale deed in favour of the third respondent. Mean while, the Special Officer and Competent Authority, Urban Land Ceiling, Vijayawada issued an order dated 25.01.1982 holding that as the said land covered under the agreement has not been registered in favour of the society, it would be computed to the holding of the second respondent, and the said order was confirmed by the appellate authority. Under the repealed Act 33 of 1976, declaration has to be filed in respect of urban property in possession any individual, the third respondent filed a declaration showing that the property is held by it. The Special Officer, vide proceedings dated 30.06.1990 directed to approach the Government under Section 20(1) of the Act. Challenging the order dated 30.06.1990, wife of the second respondent filed Writ Petition No. 20623 of 2001 before this Court and the same was dismissed and the said order was confirmed in Writ Appeal No. 1231 of 2003. The Special Officer, basing on the statement filed by the second respondent, passed proceedings dated 12.09.2005 rejecting contention of the second respondent for retention of the property for construction of child and maternity hospital on the ground that he stated in his earlier deposition that the property was sold on 11.12.1974 to the third respondent to establish Sathavahana College, but in the present deposition, it is stated that it is an ancestral property and some litigation is pending before the Civil Court in O.S. No. 253 of 1998.
While the matter stood thus, the third respondent, represented by one G. Prajapathi Rao, the then Secretary, filed Original Suit No. 109 of 2001 on the file of the I Additional Senior Civil Judge, Vijayawada for specific performance of agreement of sale dated 11.12.1974 and the said suit was dismissed vide judgment dated 05.04.2007. Aggrieved by the said judgment and decree, the third respondent society, represented by the same person, filed Appeal Suit No. 128 of 2007 before the VII Additional District Judge, Vijayawada. During pendency of the appeal, the petitioner was nominated as Secretary of the third respondent society on 24.02.2009 and he was prosecuting the case. On 10.07.2009, the said appeal was dismissed for default. Thereafter, I.A. Nos. 8 of 2011 and 9 of 2011 were filed in the appeal seeking to condone delay in filing petition to set aside default order and to set aside the default order. On 25.07.2011, the petitioner resigned to the post of Secretary by withdrawing his hereditary rights as patron member. Thereafter, one Alapati Rajendra Prasad was given patron membership of third respondent society and was unanimously elected as Secretary of the society. The Commissioner of Collegiate Education, vide order dated 26.09.2011, approved the change of correspondent-ship of the college after asserting his resignation. Accordingly, he assumed charge as Secretary of the society and thereby Correspondent of
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