HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE S.V. BHATT Writ Petition No.14008 of 2014 DATED:08.06.2015 Between:
Nagothu Ramesh Naidu, Rajampet.
… Petitioner And The District Collector, Kadapa District, Kadapa and others.
….Respondents HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE S.V. BHATT Writ Petition No.14008 of 2014 PC: (Per the Hon’ble the Acting Chief Justice Dilip B. Bhosale) This writ petition under Article 226 of the Constitution of India is filed by an individual claiming himself to be a Member of the parents committee of Rajampet Government Junior College, Rajampet. When the writ petition was placed before a learned Single Judge, he transferred it to this Bench having found that the prayer in the writ petition is in the nature of Public Interest. The petitioner claims to be a parent of the student studying in Rajampet Government Junior College(for short ‘the College’). The petitioner is hardly 34 years old. Keeping that in view and having considered that neither the College nor the parents committee is coming forward and making the grievance, as made by the petitioner, we have doubt about his bona fides. Still we have heard learned counsel for the petitioner on merits and perused the entire record.
The petitioner is seeking a writ of Mandamus declaring the proceedings dated 11.11.2013 of the 1st respondent, whereby land to the extent of 0.90 cents of the college was proposed to be transferred to the 2nd respondent. Petitioner has also prayed for setting aside the consequential proceeding dated 15.2.2014 of the 3rd respondent, which, according to the petitioner, was issued without issuing any notice to the College or granting them an opportunity of being heard.
The 1st respondent has filed a counter affidavit. In paragraph-3 of the counter, it is specifically stated that the total land in Survey No. 537 is Acs.11.72 cents and it is a Government land and out of Acs.11.72 cents, 0.90 cents is proposed to be transferred to the 3rd respondent, i.e., Social Welfare Department, for construction of hostel for the Scheduled Caste and Scheduled Tribe students. Learned counsel for the petitioner informs us that total land in possession of the college, including Acs.11.72 cents, is about 35 acres.
We have also perused the order dated 11.11.2013, which says that the said land was allotted to the Education Department long back and now the land is under control of the Government Junior College, Rajampet. It further states that the Tahasildar reported that the land could be transferred to Social Welfare Department, after obtaining N.O.C. from the Education Department since it was found to be suitable for construction of Hostel for the Scheduled Caste and Scheduled Tribe students. The Government seems to have followed the due procedure for transfer of the said land. That apart, the college has not made any grievance about the proposed transfer of the land to the Social Welfare Department.
In this backdrop, we do not find any merit in the petition. Hence, the writ petition is dismissed.
Consequently, miscellaneous petitions, if any, pending shall also stand closed.
DILIP B. BHOSALE, ACJ S.V. BHATT, J 8th June, 2015 Pnb