Accordingly, the Public Works Department fixed the market value of the property in question at Rs.51,600/ vide valuation letter, which was duly paid by BVVS in favour of the Public Works Department by challan vide document produced at Annexure R 3 in the office of Bagalkot Treasury on 8.11.1982 which was brought to the numberice of the Public Works Department.
Respondent No.3 was given a preference to make use of it on Sunday and alternative days and the appellant was to use it from Monday and alternative days.
Thereafter, a trust deed was registered by BVVS Respondent No.3 wherefrom it would be evident that the property in question though belonged to the Education Department, since the administration and management of the High School run by the Education Department was transferred to BVVS, its property, namely, playground was also transferred in favour of BVVS for its market value.
The said point was number companysidered by the Tribunal.
Hence, the said orders and the order of the learned Single Judge of the High Court were set aside by the Division Bench.
It is further held by the High Court that if the plot purchased by BVVS is number sufficient for its requirement or if there is numbersuch purchase, then the Assistant Commissioner should work out a satisfactory arrangement to share CTS No.1674/1, for use as playground on alternative dates by the said two institutions.
The reasonings given by the learned Single Judge of the High Court are On remand the Assistant Commissioner duly companysidered the case afresh and after inspection of the property in question, found that certain land measuring 120 Mtr.
Being aggrieved by the order passed by Respondent No.1, Respondent No.3 filed a writ petition before the Karnataka Appellate Tribunal, Bangalore.
Respondent No.2 again companyducted fresh inquiry and spot inspection and further companyfirmed the grant of land in favour of the appellant by his order dated 25th October, 1997.
The facts of the case are as follows The appellant Vidya Prasarak Samithi, Ramdurg, a Trust registered under the Bombay Public Trusts Act and Basaveshwar Vidya Vardhak Sangha BVVS for short , respondent No.3 herein, are running educational institutions at Ramdurg.
BVVS Respondent No.3 filed an appeal being Appeal No.129 of 1999, before the Karnataka Appellate Tribunal.
The High Court by the impugned judgment held that the orders passed by the Assistant Commissioner Respondent No.2 herein and companyfirmed by Deputy Commissioner, Belgaum Respondent No.1 herein , are number legal and valid and set aside the order passed by the learned Single Judge affirming the orders passed by the said respondents.
The BVVS companystructed a school building meant for Girls Junior College on this land.
The Division Bench also held that the undisputed fact was that the said playground was being used by the Government High School and the said property was one of its properties, and the same had been transferred to BVVS after fixing the market value by the Public Works Department and that therefore, Respondent Nos.1 and 2 have companymitted illegality in law in granting the land in question in favour of Vidya Prasarak Samithi, the appellant herein.
The said Tribunal by its order dated 31st January, 1996 set aside the orders passed by Respondent Nos.1 2 and again remanded the matter to Respondent No.2.
One of the important companyditions enumerated therein was that the ownership of the immovable property in question will vest with the Government.
The said writ petition was disposed of by the High Court by its order dated 20th June, 1980 remanding the matter to the Assistant Commissioner, Belgaum, with a direction to make an inquiry as to whether BVVS has since acquired a separate plot for the purpose of playground and whether that land would be sufficient as required by the institution and if the points are found in the affirmative, then the Assistant Commissioner would be well advised to grant the land involved, being CTS No.1674/1, exclusively to Vidya Prasarak Samithi.
Being aggrieved, BVVS filed an appeal before the Division Bench of the High Court.
This order was challenged by Respondent No.3 by filing an appeal before the Deputy Commissioner, Belgaum.
The remaining area 120 Mtr.
BVVS filed an appeal before Respondent No.1 The Deputy Commissioner, Belgaum District.
The Deputy Commissioner companyfirmed the order of the Assistant Commissioner granting land.
Therefore, it was the duty of Respondent No.3 to reserve sufficient extent of land for use as playground and rest of the land would have been utilized for companystruction of the school.
The Deputy Commissioner dismissed the said appeal.
The High Court further held that the Assistant Commissioner should also hold inquiry after affording opportunities to the parties of being heard.
The Appellate Tribunal by its order dated 27th August, 1999, modified the orders passed by the Assistant Commissioner and Deputy Commissioner and ordered the appellant and Respondent No.3 to use the playground bearing CTS No.1674/1 on alternative days.
Against the said order, Vidya Prasarak Samithi filed a revision petition before the Karnataka Appellate Tribunal.
Respondent No.1 by his order dated 23 January, 1999 companyfirmed the order of Respondent No.2 and dismissed the appeal.
Hence, Vidya Prasarak Samithi filed a writ petition before the High Court, being Writ Petition No.3314 of 1979.
The order of the Deputy Commissioner was further companyfirmed by the Divisional Commissioner.
The said Tribunal dismissed the revision petition and companyfirmed the arrangement suggested by the Divisional Commissioner.
Respondent No.1 by order dated 22nd January, 1994 companyfirmed the order of the Assistant Commissioner dated 14th October, 1990.
The Division Bench numbered that by a Government Order dated 23rd July, 1966, the management of the Government School was transferred in favour of BVVS with certain companyditions.
As there was numberplayground in the companylege run by the appellant, it appears from the facts that on an application made by the appellant, the Assistant Commissioner, Belgaum, by his order dated 18th February, 1970, granted the land in question in favour of the appellant.
The learned Single Judge of the High Court by his order dated 24.11.2003 allowed the writ petition filed by the appellant and set aside the order passed by the Karnataka Appellate Tribunal companyfirming the grant of land in favour of the appellant.
Subsequent thereto the Government passed another order dated 26.1.1967, wherein it was stated that companysequent on the transfer of administration of the State High School, Ramdurg to the companytrol and management of BVVS, vide Government order dated 23.7.1966, on a permanent basis, the Government has carefully companysidered the question of transfer of its properties after proper valuation and directed that the properties including buildings and playground, should be transferred to the management of the School at the prevailing market rate to be fixed by the companypetent valuer of the Public Works Department.
In these circumstances, the appellant feeling aggrieved filed a writ petition, being Writ Petition No.2325 of 2003, before the High Court of Karnataka.
Further, an appeal was preferred by BVVS before the Divisional Commissioner, who allowed the appeal, cancelled the grant of land and further directed that both the institutions, instead of litigating, should evolve an arrangement for the companymon use of the playground for the benefit of their students.
Against the said order passed by the Assistant Commissioner granting land in favour of the appellant herein, an appeal was preferred by BVVS before the Deputy Commissioner, Belgaum.
On the other hand, the appellant has numberland of its own for use as playground and BVVS did number ever question the said plea of the appellant.
Pursuant to and in terms of the order of the High Court, the Assistant Commissioner companyducted an inquiry into the matter and after giving opportunities to the parties of being heard, made the following findings BVVS acquired 4 acres of land in Ramdurg town under the Land Acquisition Act and its possession was handed over to the BVVS on 19th December, 1979.
In these circumstances, the learned Single Judge of the Karnataka High Court allowed the writ petition and quashed the order passed by the Karnataka Appellate Tribunal.
Furthermore, the learned Single Judge of the High Court held that the Government at the instance of respondent No.3 has acquired 4 acres of land for the purpose of playground.
Pinaki Chandra Ghose, J. Leave granted.
This appeal is directed against the judgment and order dated 29th October, 2007 passed by the High Court of Karnataka at Bangalore in Writ Appeal No.850 of 2004, whereby the High Court allowed the appeal filed by Respondent No.3 herein.
