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24 May

Order 24 of Board of Revenue Standing Orders, Revenue Department, could never be invoked for resumption of land on account of non-utilization of the portion of the land in question: High Court of Andra Pradesh.

Uncategorized #Andra High Court, #land, #revenuedepartment, Animal

CASE TITTLE: M/s. Sweekaar Rehabilitation Institute for Handicapped, Secunderabad v The State of Andhra Pradesh, Revenue Department

CASE NO: WRIT APPEAL No.1179 of 2023

ORDER ON: 17.05.2024

QUORUM: JUSTICE DHIRAJ SINGH THAKUR, JUSTICE R. RAGHUNANDAN RAO

FACTS OF THE CASE:

The present writ appeal challenges the judgment and order dated 15.09.2023 passed in W.P.No.5175 of 2020. The facts leading to the present petition in question, is that the petitioner started an Academy of Rehabilitation Sciences at Secunderabad called Sweekaar which was a non-profit and non-commercial voluntary organisation which was aimed at rendering services to the mentally challenged, physically disabled and was thus a Multi-speciality Rehabilitation Centre. It is stated that the institute run by the petitioner is the first of its kind in India and runs various training programmes viz. Diploma, Degree, PG and Ph.D. courses, all of which are recognised by the State and the Central Government as also the Universities and the Rehabilitation Council of India, It is also stated that considering the contributions made in the field, the then Chief Minister Dr.Y.S.R. Reddy, requested sSweekar to start a campus in Kadapa District to serve the mentally challenged and disabled in the Rayalaseema area. It is stated that pursuant to the aforementioned request, a parcel of land measuring ten acres was granted at a nominal cost, subject to the terms and conditions as laid down under Order 24 of Board of Revenue Standing Orders, Revenue Department,The land was allotted in the name of the petitioner society i.e., Founder and Chairman, It is further stated that an area of approximately ten thousand square feet has been constructed over the land in question while the boundary has been well marked with cement poles and barbed wires, further it is stated that the institute being run by the petitioner is stated to have been functioning for the past fourteen years and while being so came to be received by the petitioner from the District Collector, YSR District, Kadapa stating that the land alienated to the institute had not fully been utilized except to a small extent and thus, conditions of alienation under B.S.O.24 had been violated. The petitioner was accordingly asked to show cause as to why the land measuring nine acres sixty five cents, which remain unutilized by the grantee/petitioner be not resumed and called for an explanation within fifteen days. Response, was submitted by the petitioner that the dream of the organisation could not be accomplished by keeping thirty five cents out of the ten acres and therefore, it was suggested that the entire ten acres with buildings and furniture be surrendered. Financial support to the extent of seven crore was also sought by the petitioner. It is further stated that the petitioner institute was a charitable organisation which had not received any help from the Government or the corporate sector and that there was a financial crisis. Finally, an order came to be passed by the District Collector, to the extent that land measuring nine acres which remained unutilized by the petitioner be resumed. The Tahsildar, Kadapa was instructed to take over the possession of the aforementioned land from the Chairman of the Sweekaar Rehabilitation Institute.The order of resumption came to be challenged before the learned single Judge, who by virtue of judgment, dismissed the same by holding that the purpose for which the land had been allotted had not been achieved and that the petitioner was not imparting education in the said institute and returned a finding that the petitioner institute has discontinued admission from the academic year 2016-17 due to financial problems. Hence, the present letters patent appeal.

LEGAL ISSUES:

whether the resumption order could legally and justifiably be issued, only because the entire extent of land granted in terms of B.S.O.24 had not been fully utilized by the petitioner, for the purposes for which it was granted ?
whether such a non-utilization of the rest of the land would said to be in violation of the B.S.O.24. 17?

LEGAL PROVISIONS:

Order 24 of Board of Revenue Standing Orders talks about Placing State land at the disposal of a person, an institution or a local body and exemption for land revenue and clause(6) talks about Condition for the grant of State Lands at the disposal of Government

CONTENTIONS OF APPELLEANT:

Learned counsel for the appellant urged that the view expressed by the learned single Judge that the institute was not imparting any education from the said premises was without any basis. With reference to the additional affidavit filed by the appellant, the counsel further draws the attention to documents which include the consolidated statement of attendance of various candidates, who had attended the academy and undergone courses between 2022 and 2024.the counsel further placed documents on record reflecting appointment of external examiners for practical examination scheduled to be held on 07.08.2023 and 08.08.2023 for the examination centre which was identified as „Sweekar Academy of Rehabilitation Sciences at Kadapa‟.the counsel, thus urged that on facts, the learned single Judge was not justified in law, in upholding the order impugned passed by the Collector.

COURTS ANALYSIS AND JUDGEMENT:

The court on hearing both the sides, observed that, The learned single Judge, could not have gone into the question as to whether the petitioner was at all conducting its activities from the premises in question as that was never the scope of examination before the learned single Judge. further the court observed that the conditions for grant have not been specifically placed before us. However, the purpose of the grant can be deduced in view of the Government Order bearing number G.O.Ms.No.1405 dated 03.11.2007, for the purpose of setting up Rehabilitation Institute. Admittedly, the institute has been established, although its functioning may not be up to the desired level as is sought to be suggested by the Government. Nevertheless, it cannot be denied that this was an institute which was one of its kind in the entire Andhra Pradesh, which caters to the needs of that category of mentally and physically challenged citizens which appear to have not received the priority which it ought to have received either from the Government or from the public or the private sector. the court opined that , the resumption order is unsustainable, inasmuch as, firstly it was never the condition of the grant that the entire land would be utilized for construction nor did the Government at the time of giving grant approved a vision document, on paper containing the layout plans, etc., which were required to be achieved, commensurate with the milestones fixed by the Government in that regard. The Government would have been justified in resuming the land in question by invoking B.S.O.24 (6) (2), only if the petitioner instead of running a service oriented institute had opened a hotel or a bar for serving drinks or for any other matter unconnected with the purpose of the grant. This, however, is not the case before us.the court further observed that, it may be true that land is a natural resource, which is becoming scarce by every passing day on account of the increase in human activity in diverse fields, unless the world discovers another planet which is fit for human habitation, yet the grant made in accordance with law cannot be permitted to be resumed on grounds which are unsustainable.the court further opined, B.S.O.24 (6)(2) could never have been invoked for resumption of nine acres on account of non-utilization of that portion of the land in question.further the court observed that If the institute like the petitioner is the only kind of the institute in the entire State of Andhra Pradesh, then steps ought to have been taken by the Government in ensuring that the institute is nurtured in a way that its services, which are sought to be provided through the institute, actually are fortified for the benefit of the mentally challenged as also the physically handicapped. The court also observed that entire process of resumption of nine acres of land appears to have been initiated after a report had been submitted by the Tahsildar, Kadapa, pursuant to the issuance of Government Order which authorises the District Collectors to cancel the alienation and resume the land by following due procedure, in cases where the allotee had not utilized the land „for the purpose for which it is allotted or had changed the purpose‟.the court further observed that the institute was set up and continues to operate as can be seen from the documents placed on record, which shows not only that the students were undergoing the courses but were also taking the examination from the said institute.Hence, the court quashed the judgment and order impugned,and set aside the same. Accordingly, the court allowed the present writ appeal.

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Judgement reviewed by: Sowmya.R

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26 Apr

“The High Court of Karnataka rejected the writ petition, upholding the Executive’s jurisdiction over road construction decisions and stressing the boundaries of judicial interference in such issues.”

Prime Legal

Blog, High Court of Karnataka #Constitution, #Executive, #HighCourtofKarnataka, #MinistryofRoadTransportandHighwaysNHRC, Animal

Case Title – Sri Iranna Vs. The Union of India

Case Number – Writ Petition No. 5201 of 2024

Dated on – 15^th April,2024

Quorum – Justice N.V. Anjaria and Justice Krishna S Dixit

FACTS OF THE CASE

In the Case of Sri Iranna Vs. The Union of India, the Appellants are Sri Iranna and Sri Siddaramesh whereas the Respondents are The Union of India, State of Karnataka, C, Chief Engineer of Ministry of Road Transport and Highways, Special Land Acquisition Officer, Deputy Commissioner Koppal District, Koppal Development Authority, Assistant Executive Engineer NHAI and the Additional Director General Nodal Ministry of Road Transport and Highways. The Appellants in the present case are both engaged in agriculture and are the residents of Yelburga, Koppal District, Karnataka. In the present case, the Appellants have challenged the construction of a bypass road by the National Highway Authority, stating that it passes through their agricultural lands and tube wells, impacting their as well as the rights of the pedestrians and the users of the road. The Appellants had priorly instituted a similar Writ Petition No. 17969 of 2023, which was withdrawn with liberty to file again.

CONTENTIONS OF THE APPELLANTSS

The Appellants, through their counsel, in the present case contented that the selection of the bypass No.4 for the construction of the road is inappropriate and contrasts the guidelines.
The Appellants, through their counsel, in the present case contented that the alignment of the bypass would scramble the agricultural activities and the access to the tubewells.
The Appellants, through their counsel, in the present case sought for a direction of the court to discontinue the construction and embrace the option No.4 for the bypass road to safeguard the rights of the pedestrians as well as the users of the road.

CONTENTIONS OF THE RESPONDENTS

The Respondents, through their counsel, in the present case contented that the construction of the road falls within the ambit of the Executive and the Court should abstain itself from interfering unless there are strong contentions to do so.
The Respondents, through their counsel, in the present case contented that the request of the Appellants to dictate the layout of the road is beyond the jurisdiction of the Court.
The Respondents, through their counsel, in the present case accentuated the significance of the interest of public in infrastructure projects and reiterated that the petition lacks merit.

LEGAL PROVISIONS

Article 226 and Article 227 of the Constitution of India prescribes the Jurisdiction of the Court.
Article 21 of the Constitution of India protects the right to life and personal liberty of a person.
Doctrine of Separation of Power prescribes that the courts should show deference to decisions of the Executive unless there is a breach of binding rules.
Principle of Self-Restraint prescribes that the courts should not readily interfere in the functions of the Executive unless there are strong reasons to do so.

ISSUES

The main issues in the present case revolves around whether there should be an intervention of the court in the decision of the Executive for the construction of the road?
Whether the request of the Appellants for a specific layout of the road is justified?

COURT ANALYSIS AND JUDGMENT

The court in the case of Sri Iranna Vs. The Union of India, the court appreciated the appeal of the Appellants for the public interest jurisdiction but asserted that it should be used only in cases concerning the welfare of the marginalised or weaker sections of the society or in cases concerning the violation of the fundamental rights of the people of the country. The court cited the previous cases where the court has declined to interfere in matters relating to the infrastructure projects, averring that such matters should be best left to the decisions of the Executive. The court, in the present case, held that planning the layout as well as executing the road projects are the functions of the executive and does not come within the ambit of the court, unless it is shown to be arbitrary or violative of the fundamental rights of the people of the country. The court in this case, dismissed the petition of the Appellants, enunciating that the request of the Appellants for the specific layout of the road being constructed cannot be entertained since it lies under the realm of the Executive.

Judgement Reviewed by – Sruti Sikha Maharana

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1 Dec

Assignee need not file a leave for continuance of suit proceedings : Bombay HC

Prime Legal

Blog #bombayhc, #CPC, #law, #legalnews, Animal

Title: Ratnamala Mohan Aklujkar V Smt. Sushila Nirmalkumar Rungta and ors

Decided on: 29^th November, 2023

Citation : Civil Writ Petition No. 1723

Coram: Hon’ble Justice Rajesh S. Patil

Introduction

A Writ petition was filed under Article 227 of the constitution of India challenging the Appellate bench of Small Causes of Bombay in the matter of an Eviction Suit.

Facts of the Case

An eviction suit was filed under Section 16(1)(a) and (b) of the Maharashtra Rent Control Act, 1999 in the Small Causes Court of Bombay. Subsequently, the owner of the property sold the building. The defendant in the eviction suit filed an application on the rejection of the Plaint on the grounds that the owner-tenant relationship to be ceased due to the conveyance of property and such plaint is barred by the provisions of CPC.

The suit was dismissed by the Small Causes Court of Bombay, however the appellate bench of the same reversed the order and allowed the eviction suit. It was argued that the defendants reason for rejection of plaint was not mentioned in the provisions of Order VII, Rule 11 of the CPC.

Courts analysis and decision

The court relied on the judgement of Sharadamma v Mohammed Pyarejan that a dismissal cannot be done on the account of failure of filing an application to continue the proceedings by the assignee. Furthermore, it was declared that a suit cannot be dismissed on the ground that applicant did not file a leave for continuation of Suit under Order XXII, Rule 10 of the CPC. The court also dismissed the writ petition and held that the eviction proceedings to be continued for the benefit of the new owner.

Written by- Sanjana Ravichandran

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7 Sep

What is the Procedure for Court Marriage In Hyderabad?

Prime Legal

Articles #courtmarriage, #Hyderabad, Animal

Getting married is a beautiful milestone in one’s life, and court marriage provides a simple and efficient way to legalize a union. If you are planning to have a court marriage in Hyderabad, it is essential to understand the procedure involved. The process begins with submitting an application to the Marriage Registrar, where you will need to provide the necessary documents. Once the application is approved, a notice of intended marriage is displayed, and after the waiting period, the marriage ceremony can be conducted. Witness requirements are also an important aspect of court marriage in Hyderabad.

To start the procedure for court marriage in Hyderabad, the first step is submitting the application to the Marriage Registrar. This application includes details about the bride and groom, such as their names, ages, addresses, and photographs. Along with the application, certain documents need to be provided, including birth certificates, address proof, and identity proof. After the submission, the Marriage Registrar will verify the documents and approve the application.

Once the application is approved, a notice of intended marriage is displayed at the office of the Marriage Registrar for 30 days. This notice allows for any objections or concerns to be raised. After the waiting period, the marriage ceremony can take place at the office of the Marriage Registrar or any other place that has been approved by the Registrar. It is important to have at least three witnesses present during the ceremony. These witnesses can be family members or friends who are above the age of 21. By following these steps, couples can successfully complete the procedure for court marriage in Hyderabad.

Submitting the Application to the Marriage Registrar

To begin the court marriage process in Hyderabad, you should first submit the application to the Marriage Registrar. The application form can be obtained from the office of the Marriage Registrar or downloaded from their official website. It is important to fill out the form accurately and provide all the necessary documents as mentioned in the application. These documents may include proof of age, address, and identity such as Aadhaar card, passport, or voter ID card. In addition, you may also need to provide photographs of both the bride and groom, along with their signatures.

Once the application form is filled and the required documents are attached, you can submit them to the office of the Marriage Registrar. It is advisable to personally visit the office and hand over the application to the concerned authority. During the submission, make sure to inquire about the fees that need to be paid for the application process. The Marriage Registrar will provide you with a receipt acknowledging the submission of your application. It is important to keep this receipt safe as it may be required for future reference. After the submission of the application, the Marriage Registrar will review the documents and verify their authenticity. If everything is found to be in order, you will be given a date for the court marriage ceremony.

Required Documents for Court Marriage in Hyderabad

Make sure you have all the necessary documents ready when going for a court marriage in Hyderabad. The required documents may vary depending on the personal circumstances of the individuals getting married. However, some common documents that are generally required include proof of age (such as a birth certificate or school leaving certificate), address proof (such as a passport or Aadhaar card), passport-sized photographs, and a marriage invitation card. It is important to note that both parties must provide these documents in order to proceed with the court marriage process.

In addition to these basic documents, there may be additional requirements based on the specific situation of the individuals. For instance, if one or both parties have been previously married, divorce or death certificates may be necessary. If either party is a foreign national, additional documents such as a valid passport and visa may be required. It is advisable to check with the marriage registrar or consult a lawyer to ensure that all the necessary documents are prepared and submitted correctly. By having all the required documents in order, the court marriage process in Hyderabad can proceed smoothly and efficiently.

Notice of Intended Marriage

Before tying the knot, couples in Hyderabad must first submit a notice of their intended marriage. This notice serves as a public declaration of their intention to get married and is a necessary step in the court marriage procedure. The notice should be submitted to the Marriage Registrar of the district where either the bride or the groom resides. The notice should include details such as the name, age, occupation, and address of both the bride and the groom. Additionally, it should include the date and place of intended marriage and the signatures of both parties. Once the notice is submitted, it will be displayed on the notice board of the Marriage Registrar’s office for a period of 30 days. This is done to allow any objections to the marriage to be raised by the public. If no objections are raised within this period, the couple can proceed with their court marriage.

During the 30-day period in which the notice is displayed, anyone who wishes to object to the marriage can do so by filing an objection with the Marriage Registrar. The objection should be supported by valid reasons and evidence. If an objection is raised, the Marriage Registrar will investigate the matter and decide whether or not the marriage can proceed. If no objections are raised or if the objections are found to be invalid, the couple can proceed with their court marriage after the 30-day notice period is over. It is important to note that the notice of intended marriage is a crucial step in the court marriage procedure in Hyderabad, and couples should ensure that all the required information is provided accurately to avoid any delays or complications in the process.

Conducting the Marriage Ceremony

Get ready to celebrate your big day as you embark on the joyous journey of becoming a married couple! Once the Notice of Intended Marriage has been published and no objections have been received, the next step is to conduct the marriage ceremony. In Hyderabad, court marriages are typically conducted at the office of the Sub-Registrar of Marriages or at a location approved by the Registrar. It is important to arrive at the designated venue on time and bring along all the necessary documents, such as the marriage registration form, witnesses’ identification documents, and any other required paperwork.

During the marriage ceremony, the couple will be required to exchange vows in the presence of the Registrar and two witnesses. The Registrar will then validate the marriage by signing the marriage certificate and the couple, along with the witnesses, will also sign the document. It is essential to ensure that all details on the marriage certificate are accurate before signing it. Additionally, the couple may choose to exchange rings or perform any other rituals or customs that are meaningful to them. After the ceremony, the couple will receive the marriage certificate, which is a legal proof of their marriage. It is advisable to keep multiple copies of the certificate for future reference and official purposes. Congratulations, you are now officially married!

Witness Requirements for Court Marriage in Hyderabad

You’ll be thrilled to know that you and your partner won’t be alone in this special moment – two witnesses are required to make your court marriage in Hyderabad truly official. These witnesses can be anyone who is over the age of 21 and is mentally sound. They can be friends, family members, or even acquaintances. The role of the witnesses is to testify that the marriage ceremony took place and that both parties willingly entered into the marriage. Their presence adds a legal weight to the marriage and ensures that the process is conducted in a transparent manner. So, make sure to choose two witnesses who are willing to attend the court ceremony and be a part of this significant moment in your lives.

The witnesses will be required to provide their identification proof, such as Aadhar cards or passports, to confirm their age and identity. It is advisable to inform your witnesses well in advance about their role and responsibilities, so they can come prepared. On the day of the court marriage, the witnesses will be required to accompany you and your partner to the marriage registrar’s office. They will be asked to sign the marriage register as witnesses, and their signatures will be an essential part of the marriage certificate. Therefore, it is important that the witnesses are present throughout the proceedings and are willing to fulfill their role. With their presence, your court marriage in Hyderabad will be legally binding and recognized by the authorities.

Frequently Asked Questions

What is the minimum age requirement for court marriage in Hyderabad?

The minimum age requirement for court marriage in Hyderabad is 21 years for males and 18 years for females. This ensures that both parties are legally eligible to enter into a marriage contract.

Are there any restrictions on the nationality or residency status of the individuals getting married in court?

There are no restrictions on the nationality or residency status of individuals getting married in court in Hyderabad.

Can a court marriage in Hyderabad be performed without the presence of both partners?

No, both partners must be present for a court marriage in Hyderabad. It is a legal requirement for both individuals to be physically present during the marriage ceremony.

Is there a waiting period after submitting the application to the Marriage Registrar before the marriage ceremony can be conducted?

No, there is no waiting period after submitting the application to the marriage registrar in Hyderabad. Once the application is approved, the marriage ceremony can be conducted without any further delay.

Are there any specific religious or cultural requirements that need to be fulfilled for a court marriage in Hyderabad?

No, there are no specific religious or cultural requirements that need to be fulfilled for a court marriage in Hyderabad. The court marriage procedure is secular and does not involve any such obligations.

Conclusion

In conclusion, the procedure for court marriage in Hyderabad involves several steps. Firstly, the couple needs to submit an application to the marriage registrar along with the required documents. These documents include proof of age, residence, and identity. Once the application is submitted, a notice of intended marriage is displayed at the office of the marriage registrar for 30 days. After the completion of this notice period, the marriage ceremony can be conducted at the office of the marriage registrar or any other place specified by the couple. During the ceremony, at least three witnesses need to be present.

Overall, the court marriage procedure in Hyderabad is a relatively straightforward process that ensures the legal recognition of the marriage. By following the necessary steps and providing the required documents, couples can formalize their marriage in a hassle-free manner. It is important for individuals planning to have a court marriage in Hyderabad to familiarize themselves with the specific requirements and guidelines set by the marriage registrar’s office to ensure a smooth and successful marriage registration.

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