THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT APPEAL No.193 of 2001 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This intra-Court appeal under Clause 15 of the Letters Patent is directed against the order dated 19.01.2001 passed by the learned Single Judge in W.P.No.15090 of 1994, whereby the writ petition filed by the appellant and respondent No.5 herein questioning G.O.Ms.No.219, Municipal Administration and Urban Development Department, dated 02.04.1994 allotting 750 square meters of land to the fourth respondent-Sri Vasavi Kanyakaparameswari Temple, out of the area of 5696 square meters, which was already assigned for the park and nursery school as per the sanctioned layout plan, has been dismissed. The above writ petition was filed contending that the Government allotted an extent of Acs.367.00 of land to Vanasthalipuram Residential Complex, directing the Hyderabad Urban Development Authority (hereinafter referred to as ‘HUDA’) to develop the same as a residential colony. After preparing a detailed scheme for construction of houses in four type designs, namely, (i) E.W.S (ii) L.I.G.H (iii) M.I.G.I and (iv) M.I.G.II, HUDA began construction of phases I and II comprising of 4600 plots, and thereafter, taken up III phase in Acs.167.00 of land. In the layout sanctioned, an extent of 6696 square meters of land was earmarked for public purpose i.e., park and nursery school. Out of the said extent, 1000 square meters of land was allotted for construction of temple of Lord Venkateswara Swamy. Out of the remaining extent of 5696 square meters of land, an extent of 750 square meters of land was allotted to the fourth respondent through the impugned G.O., contrary to the public purpose for which the land was meant to be utilised. The second respondent-HUDA filed a counter-affidavit stating that apart from allotment of 1000 square yards of land for construction of Lord Venkateswara Swamy temple, some portions of open spaces were already allotted to community purposes like Gurudwara, Mosque, Church in Vanasthalipuram Residential Complex long ago. As a matter of fact, the original layout plan was revised vi d e permit No.3066/PFU/H/93, dated 29.07.1993, whereunder previous 6696 square meters was shown for community purposes, which shows the space already allotted to Lord Venkateswara Swamy Temple. Consequent to the change and approval of the plan, the previous plan got itself automatically superseded. By the said revision of the layout, the required 40% of open space as contemplated in the zoning regulation and G.O.Ms.No.391, M.A., dated 23.06.1980 are neither reduced nor altered. As such, the petitioners at no stretch of imagination can contend that either respondent No.1 or respondent No.2 have controverted the layout. They denied the contention of the petitioners that by allotting 750 square meters of land to Sri Kanyakaparameswari Temple, the open space has been reduced drastically. It is stated that the petitioners filed the writ petition with an apprehension that if Vasavi Kanyakaparameswari Temple is constructed, it will defeat the income of Lord Venkateswara Swami Temple, and therefore, prayed for dismissal of the writ petition. The learned Single Judge, after considering various aspects including the submissions made by the learned counsel on both sides, dismissed the writ petition. Aggrieved by the same, petitioner No.1 in the writ petition filed this writ appeal. At the hearing, it is brought to our notice that the temple has already been constructed long back and it is being utilised for the purpose of which 750 square meters was allotted. The learned counsel for the appellant contends that the fourth respondent is now contemplating to construct a marriage hall in the open space adjacent to the land allotted to the temple. If the said construction is contrary to the zoning regulations and the same is not treated as public purpose, the appellant is always at liberty to challenge as and when such construction has been undertaken by the fourth respondent. In the counter affidavit filed by HUDA when it is categorically asserted that the original layout plan has been revised on 29.07.1993, and that after allotting 750 square meters of land for the purpose of Vasavi Kanyakaparameswari, the required 40% of open space as contemplated in the zoning regulations and also G.O.Ms.No.391, M.A. dated 23.06.1980, is being maintained, the petitioner cannot have any grievance for allotment of land as such. In view of the same, the impugned order passed by the learned Single Judge dismissing the writ petition does not call for any interference. The writ appeal is accordingly dismissed. There shall be no order as to costs. A.GOPAL REDDY, J P. DURGA PRASAD, J Date: 16.11.2010 va