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2016 Supreme(AP) 233

M.S.RAMACHANDRA RAO
A. Devasahayam – Appellant
Versus
Commissioner, Municipal Corporation, Kurnool – Respondent


Advocates Appeared:
For the Petitioner:M. Srikanth, Advocate
For the Respondent:P. Ravinder, M/s. N. Niyatha, Janaki Rami Reddy, T. Raja Damoji Rao, T. Suneetha, Rachana Vaddepalli, S. Nanda, Shantha Sree Elipe, J. Janaki Rama Reddy, Advocates.

JUDGMENT :

1. The Writ Petitioners, who are employed in the Emilie Coles Memorial High School for Girls (for short, ‘the School’) established by the American Baptist Foreign Missions Society at Kurnool, filed this Writ Petition challenging the action of the Municipal Corporation, Kurnool in granting approval for a layout in Sy. Nos.123 (P), 125 (P), 126 (P) and 127 (P) forming part of the property of the above school on 27-02-2003 and the consequential action of the respondent Nos.5 to 7 and 22 to 96 in making constructions therein.

2. It is not in dispute that the said school was established in the year 1907 by the American Baptist Foreign Missions Society in Kurnool. According to the petitioners, the school is situated in a vast campus of Ac.10.31 cts, of which, Ac.4.00 cts was allotted to High school and Ac.3.00 cts was allotted to primary school towards play ground, and both schools were admitted to Grant-in-Aid during 1977-78 academic year.

THE CONTENTIONS OF PETITIONERS

3. Petitioners contend that as per Grant-in-Aid rules, the property of the schools was hypothecated to the Government for receiving Grant-in-Aid. They contend that in 1973, the American Baptist Church Private Lim
















































































































































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