Point of Law: Sub-section (2) provides that where the Chief Executive Officer of the Authority resumes any site or building under sub-section (1) of Section 14, on his requisition, the Collector may cause the possession thereof to be taken from the transferee by use of such force as may be necessary and deliver the same to the Authority.

ORDER :

Petitioner seeks writ of mandamus declaring the action of respondent Nos.1 to 4 in not granting renewal of the recognition to the petitioner’s institution for academic years 2021-31 by relying on false complaint of respondent Nos.5 and 6 stating that suit O.S.No.1252/2019 filed by them is pending, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and for a consequential direction to the official respondents to grant renewal of recognition for the academic years 2021-31.

2. The petitioner’s case succinctly is thus:

(a) Petitioner’s school was started in the year 1954 as Upper Primary School with classes I to VII in Telugu Medium and grant-in-aid was also extended to it. In the year 1975 classes VIII to X were added by permission. The school is being run with no complaint and the institution was granted 10 years recognition for High School for the academic years 2010-11 to 2019-20 vide proceedings R.C.No.2038/B2/2010, dt: 23.07.2010. However, the 3rd respondent did not grant recognition for 2021-30 following G.O.Ms.No.1, dt: 01.01.1994 on the ground that the respondent Nos.5 and 6 filed suit O.S.No.1252/2019 claiming arrears of rent and eviction of the correspondent K.A. Prakash. The 5th respondent has also filed false complaint against the said correspondent and the FIR was also registered bearing FIR No.37/2020 under section 120b, 463, 464, 420 r/w 34 of IPC which is pending. The 5th respondent issued a notice expressing objections against the recognition of the petitioner’s institution. The correspondent made an application for renewal of recognition to the institution for the academic years 2024-2025 by submitting all the required documents. However, the respondent authorities did not accord recognition in view of the complaint of respondent No.5. On the directions of respondent Nos.2 and 3, the MEO conducted an enquiry and submitted a report to the 2nd respondent. Again the Deputy Education Officer was directed to conduct enquiry and submit report. She conducted enquiry and submitted a detailed report vide R.C.No.11/nandyal/10, dt: 12.02.2021 recommending to consider the proposals of according extension of temporary recognition for classes VIII to X Telugu medium for the academic years 2022-2023 i.e., only for one year so as not to cause any inconvenience to the students.

(b) The correspondent’s father Sri Shanta Murthy had three children and he purchased the present building in the name of society and it was alleged by the respondent Nos.5 and 6 that a registered will deed dated 29.12.2015 was executed by the said Sri Shanta Murthy. He passed way on 18.07.2017. The respondent Nos.5 and 6 did not file any probate proceedings. However, they clandestinely got mutated the property in the Municipal records. The husbands of respondent Nos.5 and 6 are also working as teachers in the school. The correspondent of the petitioner made a representation dated 22.03.2021 with a request to grant renewal of recognition for the academic years 2022-2030, but 3rd respondent did not renew the recognition in view of the complaint of respondent Nos.5 and 6. Hence, the writ petition.

3. Respondent Nos. 1 to 4 filed counter and opposed the writ petition contending thus:

(a) The petitioner’s school was established in the year 1954 initially with permanent recognition for the classes I to VII. The school was upgraded into High School by opening of classes from VIII to X in the year 1975. The contention of the petitioner that the 3rd respondent has not granted renewal of recognition for a period of 10 years i.e., from 2021-2031 in view of filing of suit O.S.No.1252/2019 by respondents 5 & 6 and their claiming arrears of rent and eviction of the correspondent is not correct. The petitioner has submitted proposals for renewal of recognition for the classes VIII to X Telugu medium for the academic years 2020-2021 to 2022-2023 through the Deputy Educational Officer, Nandyal, Krunool District vide Lr.R.c.No.11/St.M/