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2023 Supreme(AP) 213

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
PRASHANT KUMAR MISHRA, D.V.S.S. SOMAYAJULU, JJ.
Bojja Dasaratha Rami Reddy, S/o. late Sri Bojja Venkata Reddy and Others - Petitioners
Versus
The State of Andhra Pradesh, rep. by its Principal Secretary (Revenue) and Others - Respondents
W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022
Decided On : 01-02-2023

Advocates Appeared:
For the Petitioners: Mr. Bojja Arjun Reddy.
For the Respondents: Ms. Anula, Mr. T. Jayanth Jisoorya.

Headnote:

Constitution of India,1950 - Articles 14, 19 and 21 - Land - AICRP projects - Alienation - It is case of petitioners that land which is sought to be alienated in favour of DME is being used by RARS for developing new varieties of crops which are particularly suited to regional micro climate, lands were donated by farmers in the year and then British Government established SARS in said lands - It is highlighted that RARS is amongst oldest Agricultural Research Stations in country and in due course, it has evolved as the best Research Station in India contributing immensely to increasing productivity of crops - It is presently undertaking six All-India Coordinate Research Projects (AICRPs) funded by Indian Council of Agricultural Research (Central Government) in Cotton, Bengal Gram, Sorghum, Small Millets, Oilseeds, Tobacco apart from supporting five additional AICRP projects - It is also centre for production of source seed (Nucleus Seed) of Bengal Gram, Paddy, Small Millets, Cotton, Jowar etc. to cater to breeder seed needs of entire State - Whether public interest would be served in interfering with impugned transfer of 50 acres of land belonging to RARS, Nandyal to the DME for establishment of Government Medical College - Held, according to the University and the District Collector as well, providing of accommodation for temporary establishment of new Collectorate, Nandyal is only a transit arrangement without there being any element of alienation - Petitioners' contention that alienation has been done without approval of Board of Management, does not arise for determination because it is only a temporary sparing to meet transit arrangement for new Collectorate and buildings have not been alienated to State Government for establishment of Collectorate, Nandyal District, permanently - Present is also a case where building owned by University, RARS, is made available temporarily for establishment of new Collectorate - Nature of public interest involved in present case is similar to one involved in above-referred writ petition, writ appeal and S.L.P - Submission contrary to the same is not acceptable. - writ petitions dismissed

ORDER :

(Prashant Kumar Mishra, J.)

1. W.P. (PIL) No.290 of 2020 has been preferred seeking the following relief:

    “…to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus to quash G.O.Ms.No.341 dated 12.11.2020 issued by the Revenue (Lands VII) Department alienating 50 acres of land belonging to the Regional Agricultural Research Station established in 1906, which has been playing an instrumental role in providing technology transfer services to the farming community for over a hundred years for the construction the new Director of Medical Education, Government of Andhra Pradesh as being arbitrary, unreasonable, unfair, unconstitutional and violative of the Andhra Pradesh land policy as promulgated in G.O.Ms.No.571 dated 14.09.2012 as well as being in violation of the procedure established by law for the alienation of land by the government as laid down in the BSO 22 of the Andhra Pradesh Board of Revenue Standing Orders as well as being in violation of the constitutional rights of the farmers guaranteed under 14, 19 and 21 of the Constitution of India and consequently direct the respondent Nos.1, 2, 3, 4 and 5 to search for suitable alternative land for the construction of the new District Medical College at Nandyal and pass such an order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. W.P. (PIL) No.216 of 2021 has been preferred seeking the following relief:

    “…to issue a writ, order or direction, more particularly one in the nature of Mandamus:

a. to declare the resolution No.10186 passed by the respondent No.3, the Board of Management of respondent No.2 during its 299th (Urgent) meeting held on 20.06.2021 to alienate the 50 acres of land belonging to the Regional Agricultural Research Station, Nandyal (“RARS”) in favour of Director of Medical Education, Government of Andhra Pradesh as illegal, ultra vires the Acharya NG Ranga Agricultural University Act, 1963 and being in violation of the precautionary principle and violative of Articles 14, 19 and 21 of the Constitution of India;

b. to declare the action of the respondent No.1 in seeking the and meant for agricultural research for other purposes as violative of Articles 14, 19 and 21 of the Constitution of India and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

3. W.P. (PIL) No.55 of 2022 has been preferred seeking the following relief:

    “…to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Certiorari and Mandamus:

a. set aside the actions of respondent No.5 in issuing directions vide Rc.No.Dy.S.O/282/2022 dated 14.03.2022 as being arbitrary, illegal, unlawful and violative of the constitutional rights of the farmers of Nandyal region in particular and Rayalaseema region in general granted under Article 14, 19 and 21 of the Constitution of India, 1950;

b. declare that the respondent No.2 does not have the power to grant consent to alienate the University property without the due approval of the Board of Management of respondent No.2’s University and consequently set aside the consent granted vide Lr.No.6160/Rea.II(2)/2022, dated 14.03.2022, to respondent No.4 for the establishment of the collectorate of the proposed district of Nandyal in RARS, Nandyal’s buildings;

c. pass any such other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

4. Since the grounds of challenge in the three writ petitions (public interest litigations) are common and overlapping, they are heard analogously and disposed of by this common order.

W.P. (PIL) No.290 of 2020:

5. In furtherance of the “Nadu Nedu” initiative, the State Government has decided to construct a new Medical College in the Districts which currently do not have a Government Medical College. Since the newly formed District of Nandyal has no Government Medical College, the State Government decided to esta

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