HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 20614 OF 2006 DATED 15TH SEPTEMBER, 2014. BETWEEN Mr. M.Narsing Rao and anr. ….Petitioners and The State of Andhra Pradesh, Department of Municipal Administration, Secretariat, Hyderabad and ors. ….Respondents. HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 20614 OF 2006 ORDER: Heard the learned Counsel for the petitioners and learned Government Pleader. The case of the petitioners is that an extent of Ac.43.00 Guntas situate in Sy.No.36 of Upperpally village in Chintalmet area, Rajendra Nagar Mandal, Ranga Reddy District is a Government land. The first petitioner is the President of the second petitioner-Association and the said Association consists of 273 members belonging to weaker sections. They made a representation to the Revenue Divisional Officer, Chevella, Rajendra Nagar Mandal, Ranga Reddy District in the year 1996 seeking allotment of house plots in the said Government land. Pursuant to the same, the Revenue Divisional Officer, Chevella Division addressed letter dt.06.12.1996 to the Mandal Revenue Officer to conduct a socio-economic survey over the persons seeking allotment of house plots and also availability of land in Sy.No.36 of Upperpally village. Accordingly, the Mandal Revenue Officer conducted a survey and found that out of 273 members, only 154 members of the second petitioner- Association are eligible for house site pattas and it was proposed to prepare a lay out plan in Sy.No.36 of Upperpally village. Accordingly a report and layout were submitted on 18.02.1999. Pursuant to the letter addressed by the Mandal Revenue Officer on 21.05.1999, the second respondent through letter dated 30.07.1999 stated that as per G.O.Ms.No.99 dated 25.02.1995 the said layout was earmarked for recreation use zone situate around Mir-Alam Tank whereunder the residential activity is not permissible as per zoning regulations. In view of the same, the layout prepared for allotment of house site pattas to the members of the second petitioner-association was not considered. The petitioners again made a representation on 25.02.2000 to the Collector, fifth respondent, who in turn addressed letter dated 07.04.2000 to the Secretary to the Government reiterating the decision of the second respondent. In the said letter, it was also stated that the said site was already developed partly with weaker sections houses, which was approved earlier by the second respondent on 17.09.1998 and requested to pass suitable orders for change of use of land in Sy.No.36 of Uperpally village from recreational zone to residential zone and the Government called for remarks of the second respondent. When no action was taken, the petitioners filed Writ Petition No. 2107 of 2002 seeking a direction to the Mandal Revenue Officer to furnish the revised layout and forward the same to the second respondent and the said Writ Petition was allowed at the admission stage with a direction to the Mandal Revenue Officer to furnish the revised layout as requested by the petitioner-society and accordingly a revised lay out was submitted. In the meanwhile the second respondent through letter dt.17.07.2002 advised the petitioners to approach the third respondent- Commissioner, Rajendra Nagar Municipality for further necessary action in the matter as he is the competent authority as per G.O.Ms.No.4 dated 04.01.1999. Accordingly the petitioners approached the third respondent, who issued letter dated 27.08.2002 stating that the layout proposals were not submitted according to the guidelines issued in G.O.Ms.No.4 dated 04.01.1999 and requested to resubmit the proposals with revised layout. As no action was taken thereafter, the petitioners approached the Lokayukta, Andhra Pradesh through complaint No. 871/2002/B2, which was dismissed by order dated 31.12.2002 observing that the Chief Commissioner of Land and Administration had pointed out that in Sy.No.36 of Upperpally village, there is a lake, water body existing and there are big pits and uneven land which is not suitable for house sites and that the second respondent had rejected the layout stating that the proposed site comes under the recreation zone and the same had been informed to the fifth respondent. The petitioners also state that an extent of Ac.8.03 Gts out of total extent of Ac.43.20 Gts situate in Sy.No.36 of Upperpally village was allotted to one Dr.P. Ranga Reddy for construction of eye hospital and the fifth respondent also issued orders dated 04.12.2000 in regard thereto though the said land falls within recreational zone. Challenging the very same and also in considering their application differently, the petitioners filed the present Writ petition. This Writ Petition was filed way back in the year 2006. After filing the Writ Petition, the nature of the land has been changed and the Rajendra Nagar Municipality had been merged with Greater Hyderabad Municipal Corporation. The learned Government Pleader submits that assignment of land along the Outer Ring Road has been prohibited and the Government issued orders subsequently in regard thereto. Further the said land is still earmarked for recreational zone under the master plan and the same has not been converted into residential activity. In the circumstances, the relief sought for by the petitioners in the Writ Petition cannot be granted and the Writ Petition is liable to be dismissed. However, this will not preclude the petitioners from making a fresh representation for allotment of land in Sy.No.36 of Upperpally village, if available or any other land for the purpose of allotment of house site patta to the members of their Weaker Section Association. The Writ Petition is dismissed. Consequently, miscellaneous petitions pending consideration if any shall stand dismissed. No order as to costs. --------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 15TH SEPTEMBER, 2014. Msnro