HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5947 of 2005 Date : 08.12.2009 Between : Madala Rajendra Prasad & another. …..Petitioners And The Secretary, Department of Urban Development and Municipal Administration, Secretariat, Hyderabad & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5947 of 2005 ORDER : In this writ petition, the petitioners seek a declaration by way of Mandamus, declaring the action of respondents in taking steps to de- reserve the 30 feet wide road situated towards North of their plot bearing No.D-17 of Koritipadu village in Vidyanagar of Guntur, covered by L.P.Nos.98/1954 and 210/1961, as illegal and arbitrary. 2. In the approved layout in L.P.Nos.98/1954 and 210/1961, there is a 30 feet road shown towards the North of the petitioners' plot. In this writ petition, it is the grievance of the petitioners that on the application made by respondent No.4, the said road portion is being considered for allotment in his favour. It is submitted that earlier, the 4th respondent has obtained permission to make construction even in the road portion also, but on the application filed by the petitioners, the permission granted was cancelled by the 2nd respondent- Corporation in exercise of powers under Section 450 of the Hyderabad Municipal Corporation Act, 1955, as applicable to the Municipal Corporation of Guntur. It is submitted by Sri K.Ravindra Kumar, learned counsel appearing for petitioners that in this case, recommendations are also made by the 2nd respondent-Municipal Corporation to de-reserve the road so as to enable it to allot the same to the 4th respondent. 3. On the other hand, it is submitted by the learned counsel appearing for the 3rd respondent-Urban Development authority that as of now, no decision is taken by it on the recommendations made by the 2nd respondent-Corporation. It is further submitted that even if the road is to be converted into open site, it is to be done only after revision of the layout, and before such revision of layout, they are not going to take steps for sale of the road portion. Similarly, the learned Standing Counsel appearing for the 2nd respondent-Municipal Corporation submits that no order is passed for allotment of the road portion in favour of respondent No.4 and the permission already granted for construction on the said road portion, is also cancelled. Sri N.Subba Reddy, learned counsel appearing for the 4th respondent submits that there is power vested with the Commissioner of the 2nd respondent-Municipal Corporation for closure of streets if they are not useful, and such pieces of land can also be sold. 4. From the contentions advanced by the learned counsel appearing for the parties and from the material on record, it is clear that as of now, no orders are passed allotting the site in question in favour of respondent No.4. Unless the layout is approved, the piece of land, which is shown as road in the approved layout in L.P.Nos.98/1954 and 210/1961 continues to be as road, and in the absence of any revision of layout, it cannot be sold to any one. 5. In view of the stand of the 3rd respondent-Urban Development Authority that unless the road portion is converted into open site, no steps will be taken for allotment, I deem it appropriate to dispose of the writ petition with a direction to the respondents not to allot the site in question forming part of the road in the approved layout either to 4th respondent or to any other person so long as it is shown as a road. However, it is made clear that in case if anybody applies for revision of layout and if any allotment is to be made, it has to be made in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955, as applicable to the Municipal Corporation of Guntur, and the Rules made thereunder. If any allotment is made contrary to such provisions, it is always open for the petitioners to question the same. 6. Subject to above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 8th December 2009 ajr