THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.28421 of 2014 Between: B.Narasimha Reddy And Dated 09th December, 2014 …Petitioner The Government of Andhra Pradesh, rep.by its Principal Secretary, Department of Cooperation, Secretariat Buildings, Hyderabad and others …Respondents Counsel for the petitioner: Sri Y.Raveendra Kumar Counsel for respondent Nos.1 to 4: Sri S.Sharat Kumar Spl.Govt.Pleader (TS) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the inaction of respondent No.2 in directing respondent No.5 to construct office building and a godown for Primary Agricultural Cooperative Credit Society (PACCS), Rejerla over the land admeasuring Ac.0.10 guntas situated in Survey No.654/A of Sattupally Gram Panchayat, Rejerla Village, Khammam District (hereinafter referred to as ‘the subject land’) gifted by the petitioner, in pursuance of the resolution, dated 23.09.2013, as illegal. The petitioner sought for a consequential direction to respondent No.5 to construct the office building and godown.
The petitioner averred that he was the absolute owner of the subject land, that under registered gift deed, dated 19.07.1984, he has gifted the same for construction of office building and godown for the PACCS and that the PACCS has passed a resolution on 23.09.2013 for construction of new godown over the subject land. That however the PACCS has passed a fresh resolution on 19.05.2014 resolving to construct new godown over Ac.0.03 guntas of land gifted by the newly elected President of the PACCS. The petitioner has assailed this action of respondent No.5 in seeking to construct the godown over the land gifted by its President.
On behalf of respondent Nos.1 to 4, respondent No.4 has filed a counter affidavit, wherein he has admitted execution of gift deed by the petitioner in favour of the PACCS. He has also admitted resolution, dated 23.09.2013, passed by the Managing Committee of the PACCS proposing to utilise the subject land donated by the petitioner for construction of the office building for PACCS as well as godown. He has further averred that the present President of the PACCS has also gifted Ac.0.03 guntas of land for the purpose of construction of a building and a godown and that the Managing Committee of the PACCS has passed another resolution, dated 19.05.2014, to construct office building and godown over Ac.0.03 guntas of land gifted by the President of the PACCS.
Respondent No.4 further deposed that the petitioner’s representation, dated 08.07.2014, was considered by him and he has addressed letter, dated 09.09.2014, to respondent No.5 to get the suitability of both the lands verified by the Engineer of Integrated Community Development Programme (ICDP), which is the only agency entrusted with the job of construction of godowns in the District and submit proposals for sanction of permission. He has further stated that the Engineer of ICDP would verify both the sites from the stand point of view of suitability in terms of accessibility and entry of lorries for the purpose of loading and unloading and also the convenience of the members as an additional factor. While asserting that he has no preference over either of the sites, respondent No.4 has assured that the issue would be objectively considered based on the report given by the Engineer of ICDP.
At the hearing, Sri S.Sharat Kumar, learned Special Government Pleader (TS) representing respondent No.4, has submitted that the dispute has arisen having regard to the gift deed executed by the President of respondent No.5 and the resolution, dated 19.05.2014, passed by PACCS for construction of godown over the land gifted by its President. He has further submitted that as stated in the counter affidavit of respondent No.4, a decision will be taken based on the report of the Engineer of ICDP in an objective manner by treating the convenience as of paramount importance without being guided by any subjective considerations.
In the light of the above noted stand taken by respondent No.4 in the counter affidavit and the submissions of the learned Special Government Pleader, respondent No.4 is directed to get the issue expedited and take a decision in an objective manner keeping in view the interests of the PACCS. In the event, the subject land gifted by the petitioner is not suitable either for office or godown, respondent No.4 shall ensure that respondent No.5 re-conveys the property to the petitioner at the expense of the PACCS. He shall complete this exercise within a period of two months from the date of receipt of a copy of this order.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.35583 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 09th December, 2014
VGB