The main legal point established in the judgment is that the State Government's authority to resume and hand over the land was justified, considering the University's agreement for exchange of land and the execution of exchange deeds. The court emphasized the University's failure to challenge the modified interim orders and exchange deeds, leading to the dismissal of the Writ Appeal.

JUDGMENT :

ABHINAND KUMAR SHAVILI, J.

1. This Writ Appeal is filed aggrieved by the orders passed by the learned Single Judge in W.P.No.3502 of 2009 dt.05-07-2021.

2. Heard Sri A.Sudarshan Reddy, learned Senior Counsel for the appellant-University, learned Government Pleader for Revenue appearing for respondent Nos.1 to 4, Sri Vivek Jain, learned counsel for 5th respondent, Sri Ravindra Shrivastava, learned Senior Counsel appearing for Sri R.Sushanth Reddy, learned counsel for respondent Nos.6 to 13.

3. It has been contended by the appellant University that it was established by the Parliament under Article 371 (d) (e) of the Constitution of India and the State was pleased to allot 2300 acres of land in favour of the appellant University at Kancha Gachibowli with the condition that the land should be used only for the purpose of education and technology and if the land is not to be used for any other purpose, without obtaining permission from the State government, the land will be reverted back to the State Government. The appellant University had further contended that after the State Government has allotted 2300 acres in its favour, it has established a Central University which is called as University of Hyderabad and constructed a compound wall and at present, the appellant University is imparting education in various courses to the students.

4. Learned counsel for the appellant University had further contended that the appellant University is one of the reputed universities in the country. He had further contended that one Sri S.Lingamaiah had filed O.S.No.193 of 1982 on the file of the Additional District Judge, Ranga Reddy District, against the appellant University and also the State of Andhra Pradesh seeking possession of land admeasuring Ac.25.16 gts in Sy. Nos.14 and 16 to 23 situated at Kancha Gachibowli, Serilingampally Mandal, Ranga Reddy District as he was claiming ownership of the said land. Learned counsel for the appellant University had further contended that the said suit was decreed in favour of Lingamaiah on 19-02-1994. Thereafter, the appellant University has preferred First Appeal i.e. A.S.No.1034 of 1994 before this Court and during pendency of the First Appeal, Lingamaiah had expired and his legal representatives were brought on record and finally, the First Appeal was dismissed vide judgment dt.17-11-2001. Thereafter, the legal heirs of Lingamaiah have filed E.P.No.11 of 2002 for execution of judgment and decree dt.19-02-1994 in O.S.No.193 of 1982 and in pursuance of the orders passed in E.P.., the land admeasuring Ac.25.16 gts in Sy. Nos.14, 16 to 23 was delivered to the legal heirs of Lingaiah on 31-01-2003. But the said land had no approach road. Ultimately the appellant University had conceded the request of the legal heirs of Lingamaiah for providing alternative main land keeping in view the impending security problems which may arise due to entry of the strangers into the appellant University and the Executive Council on 24-12-2003, resolved to provide alternative land admeasuring 12.17 gts situated in between IIIT and Sports village in lieu of Ac.25.16 gts and the said proposal was sent for approval to the Government through proper channel. The District Collector who in turn forwarded the same to the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, vide letter dt.08-03-2004 and thereafter, on 11-04-2005, the District Collector has forwarded a letter issued by the Chief Commissioner of Land Administration raising certain quarries to the appellant University, to which the appellant University submitted its reply emphasizing the need for according sanction for exchange of land. However, the proposal of the appellant University was rejected by the State Government vide Memo dt.20-12-2005. Later, W.P.No.27316 of 2005 was filed before this Court by the land owners seeking implementation of the proposal of exchange of land and the said Writ Petition was disposed of by this Court on 30-1