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2020 Supreme(AP) 234
IN THE HIGH COURT OF ANDHRA PRADESH
U. DURGA PRASAD RAO, J.
M. Murali Krishna Goud – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No.14825 of 2019
Decided on : 16-04-2020
Advocate Appeared:
For the Appellant : VIRUPAKSHA DATTATREYA GOUDA
Point of Law: The principle on which the doctrine rests appears to be, that the court creates charity in the abstract as the substance of the gift, and the particular disposition as the mode, so that in the eye of the Court, the gift, notwithstanding the particular disposition may not be capable of execution, subsists as a legacy which never fails, and can not lapse
Headnote:
Constitution of India- Article 300A –writ of mandamus declaring the action of respondents in not shifting the office of Sub-Registrar, Dhone, Kurnool District from the old and dilapidated building to new building constructed in the plots gifted by the petitioners and on the other hand proposing to use the new building for another purpose other than the one for which the plots were gifted by the petitioners, as illegal, arbitrary, contrary to law and violative of Article 300A of the Constitution of India and for a consequential direction to respondents to shift the Office of Sub-Registrar to the new building immediately without using the same for any other purpose – Held, shifting was not done from the old building on the lame pretext that permission was so far not accorded by the Commissioner & Inspector General for Registration & Stamps. A perusal of the photographs filed by the petitioners along with material papers would show that the existing Sub-Registrar’s office is in a dilapidated condition and the safety to the public and staff who attend the said office is highly questionable one. In that view, the respondents cannot postpone the shifting of the Sub-Registrar’s office. It should also be noted that since the subject gifts are conditional gifts, the doctrine of cy pres has no application to them. Any deviation of using the building for any purpose other than for housing the Sub-Registrar office and its related establishments, is not permissible. The counter averments that the Sub-Registrar Office was not shifted because the permission is not so far accorded is only truancy on the part of the respondents. When a public are suffering for want of a decent and secured building for conducting registration transactions, the authorities cannot act in a lackadaisical manner to deprive the public of their legitimate right.
Facts of the Case:
The petitioners are the brothers and absolute owners of the land in an extent of Ac.2.20 cents out of total extent of Ac.3.89 cents in S.No.321 situated in Ward No.9 of Dhone Municipality in Kurnool District having purchased the same under a registered document No.3431/2010 dated 28.07.2010. The Office of Sub-Registrar, Dhone is presently situated in a dilapidated building which is more than 110 years old and causing much inconvenience to general public. In fact, the adjoining building in which Sub-treasury office is situated is also in a dilapidated condition and a part of the building was already collapsed.
Finding of the court:
shifting was not done from the old building on the lame pretext that permission was so far not accorded by the Commissioner & Inspector General for Registration & Stamps. A perusal of the photographs filed by the petitioners along with material papers would show that the existing Sub-Registrar’s office is in a dilapidated condition and the safety to the public and staff who attend the said office is highly questionable one. In that view, the respondents cannot postpone the shifting of the Sub-Registrar’s office. It should also be noted that since the subject gifts are conditional gifts, the doctrine of cy pres has no application to them. Any deviation of using the building for any purpose other than for housing the Sub-Registrar office and its related establishments, is not permissible. The counter averments that the Sub-Registrar Office was not shifted because the permission is not so far accorded is only truancy on the part of the respondents. When a public are suffering for want of a decent and secured building for conducting registration transactions, the authorities cannot act in a lackadaisical manner to deprive the public of their legitimate right
Result: Writ petition is allowed
ORDER:
The petitioners pray for a writ of mandamus declaring the action of respondents in not shifting the office of Sub-Registrar, Dhone, Kurnool District from the old and dilapidated building to new building constructed in the plots gifted by the petitioners in S.No.321 and on the other hand proposing to use the new building for another purpose other than the one for which the plots were gifted by the petitioners, as illegal, arbitrary, contrary to law and violative of Article 300A of the Constitution of India and for a consequential direction to respondents to shift the Office of Sub-Registrar to the new building immediately without using the same for any other purpose.
2. The case of petitioners succinctly is thus:
(a) The petitioners are the brothers and absolute owners of the land in an extent of Ac.2.20 cents out of total extent of Ac.3.89 cents in S.No.321 situated in Ward No.9 of Dhone Municipality in Kurnool District having purchased the same under a registered document No.3431/2010 dated 28.07.2010. The Office of Sub-Registrar, Dhone is presently situated in a dilapidated building which is more than 110 years old and causing much inconvenience to general public. In fact, the adjoining building in which Sub-treasury office is situated is also in a dilapidated condition and a part of the building was already collapsed.
(b) The petitioners are in active public life and followers of Telugu Desam Party. The general public who used to attend Sub-Registrar Office were often representing the petitioners and other leaders of Dhone about the dilapidated condition of Sub-Registrar office building and the inconvenience caused to the public. Hence, the petitioners intended to gift a plot from out of their property in S.No.321 for construction and location of Sub-Registrar office in memory of their late father M.Narayana Goud and in the larger interest of public. Accordingly, at first they executed registered Gift Deed dated 24.03.2017 in favour of his Excellency the Governor of State of Andhra Pradesh represented by 4th respondent in respect of 486.66 square yards in S.No.321 worth Rs.14,60,000/-for construction of a new building for the office of Sub-Registrar, Dhone. The 4th respondent took possession of the plot. In addition to above, the petitioners also gifted another extent of 313.33 square yards of plot worth Rs.9,40,000/-situated to the East of the plot which was already gifted to the Registration Department and the petitioners executed another registered Gift Deed dated 05.05.2017. The said plot was also taken possession by the Registration Department. Thereafter, the Government of Andhra Pradesh sanctioned and released necessary funds for construction of new building and accordingly, new building was constructed in the plots gifted by the petitioners. The new building was inaugurated by the then Deputy Chief Minister and Revenue Minister on 23.02.2019. Further, the District Registrar, Stamps & Registration, Kurnool addressed a letter dated 06.05.2019 to the Commissioner and Inspector General of Registration & Stamps informing that the authorities of A.P.M.S.I.D.C. Kurnool Division have given work completion certificate and in the said letter permission was sought for to shift the office of Sub-Registrar from old building to the new building. However, there could be no progress in view of general elections. Thereafter, in the elections held to Legislative Assembly of A.P., YSR CP Party was voted to power and no further progress could be made in the matter and authorities have also not taken any steps to shift the office from the old building to the new building on the ground that they did not want that the petitioners who belong to Telugu Desam Party should get any credit for the work done during the tenure of earlier Government. Of late, the petitioners through the news published in the daily newspaper came to know that the newly constructed building is going to be used for the purpose of establishing a skill development c
