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Showing posts with label BELGAUM DIST. & ORS.. Show all posts
Showing posts with label BELGAUM DIST. & ORS.. Show all posts
Saturday, December 17, 2016

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. The dispute between them is in respect of the Government land, being CTS No.1674/1, in respect of which there are rival claims by Vidya Prasarak Samithi and BVVS for use as playground for students of their respective institutions. As there was no playground in the college 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 management of the Government school was transferred in favour of the Respondent No.3 - BVVS and since the payment of the land in question has already been made by BVVS, and once the ownership of the said land has vested in it, it cannot be granted in favour of any other person or institution. Accordingly, we find that the reasoning given by the High Court cannot be questioned in the given facts. We accept the reasoning given by the High Court and uphold the order passed by the Division Bench of the High Court setting aside the order passed by the learned Single Judge as also the orders passed by the second respondent and first respondent.

                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA       ...