The respondents must follow due process before evicting the petitioner from land historically allocated for community purposes.

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“..to issue a Writ Order or Direction particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in proceeding with the construction of the alleged multi-purposes building on the Petitioner’s land without following the due process of law and without issuing any notice as illegal, arbitrary and against the settled principles of law and in violation of the provisions of Act-30 of 2013 and against the settled principles of Law and consequently direct the Respondents not to proceed with further constructions in the Petitioner’s land in RS.No.680/13A to an extent of Ac.0.09 cents out of Ac.0.17 cents, situated at Koduru Village and Mandal, without following due process of law, and pass...”

2. The brief facts of the case are that the petitioner Church is registered under the Societies Registration Act, 2001 vide Registration No.16/48-49 and it has been working for welfare of the Christian community in all respects. The Baptist Field Council is an ancient society and is in existence since the year 1904-1916. While so, the 2^nd respondent issued house site pattas and title deeds in favour of the Church vide House Site Title Deed dated 08.08.1904 by the then Tahsildar, Avanigadda, to the petitioner’s Church for its usage and development to their community including the educational purpose to an extent of Ac.0.04 cents. Thereafter, the revenue authorities granted house pattas for the house sites patta certificate dated 01.07.1916 to an extent of Ac.0.09 cents and also allotted site for school building to an extent of Ac.0.04 cents and all are situated at 9^th Ward of Koduru Village and Mandal.

3. The case of the petitioner herein is that the petitioner society was assigned a total extent of land admeasuring Ac.0.17 cents in the year 1904-1916, situated at Koduru Village and Mandal towards religious/community necessity of the Christian Community and for construction of a Church as well as Elementary School. In compliance of the object of alienation, the petitioner society got constructed a Church and also Elementary School and Pastor’s house within the said extent of land in the year 1940. Since then the Society has been imparting primary education through the Primary School to the children of Christian community. As such, the petitioner society has been in possession and enjoyment of the subject property more than 120 years.

4. It is also contended that there is an Elementary School under the name and style of “CBCNC School” established by the petitioner society herein and the same was recognized in the year 1940 by the then District Education Officer, Machilipatnam vide proceedings dated 14.10.1940. The said fact was confirmed by the then Head Master of the school which was filed herein along with material papers. It is further contended that due to heavy cyclone the subject Elementary School was collapsed, but the pastor’s house as well as Church are intact till today. The petitioner society got constructed temporary constructions for imparting primary education to the community people. Due to the paucity of funds, pakka RCC buildings were not taken place at subject land.

5. It is further claimed that taking advantage of the same the respondent Nos.4 to 7 herein are trying to evict the petitioner from the subject land and make multi-storied buildings other than for the purpose of education for which the said land was assigned is contrary to settled proposition of law.

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