IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2272 of 2006 Between: Bapujinagar Residents Welfare Association, rep by its President Sri Y.Raja Rama Mohan Rao, S/o.Satyanarayana R/o.Bapujinagar, Patamata, Vijayawada-7 ..... PETITIONER AND 1 The Government of Andhra Prades, rep by its Prl.Secretary, Municipal Administrative and Urban Development Department, Secretariat, Hyderabad. 2 The Vijayawada Municipal Corporation, rep by its Commissioner, Vijayawada-1, Krishna District. 3 The Vijayawada, Guntur Tenali, Mangalagiri (VGTM) urban Development Authority, rep by its Vice Chairman, Vijayawada-2, Krishna District. 4 Sri Ch.Bhaskara Rao, S/o.Venkatappaiah, Flat No.101, Venkata Enclave, New Postal Colony, Vijayawada, KrishnaDistrict .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order direction or a writ more particularly one in the nature of writ of mandamus declaring the action of the respondents No.1 to 3 in seeking to lay the road across the park on its southern side by relaying on the G.O.Rt.No.1193 M.A. Dt.19.9.1991 permitting the exchange of the open space (Park) left in petitioner layout in L.P> No.64/81 with private land in R.S. No.193/1 of the 4th respondent as arbitrary, illegal and violative of G.O.Ms.No.72 M.A. dt.20.2.2002 and set aside the G.O.Rt.No.1193 M.a.Dt.19.9.1991 and consequently direct the respondents No. 1 to 3 not to alienate or exchange in any manner the open space/park left in layout plan in L.P.No.64/81 with any of the private land of the owners on any side of the said layout. Counsel for the Petitioner : MR.P.PRABHAKAR RAO Counsel for the Respondents : GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER : In this writ petition, the petitioner-Welfare Association is seeking a writ of Mandamus, declaring the action of respondents 1 to 3 in seeking to lay the road across the park on its Southern side by relying on G.O.Rt.No.1193 Municipal Administration, dated 19.09.1991, as arbitrary and illegal, and consequently seeks directions against respondents 1 to 3 not to alienate or exchange in any manner, the park/open space left in layout plan in L.P.No.64/81, with the private land of the 4th respondent in R.S.No.193/1. 2. When the matter is taken up, it is represented by the learned Standing Counsel appearing for the 2nd respondent Municipal Corporation that the request of the private individual for the exchange of open space for formation of link road in the lay out to the private owners site, adjacent to the park/open space, is already rejected. In view of the submission to that effect made by the 2nd respondent/Municipal Commissioner in paragraph 4 of the counter, no further orders need be passed in this writ petition. 3. The writ petition is accordingly closed. No order as to costs. ______________________ R. SUBHASH REDDY, J 23rd April 2009 ajr