IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8853 of 2008 Between: Sri Sriram Balajee Kalyana Kshetram, Regd.No. 27/1988, Currency Nagar, Vijayawada - 8. Rep. by its President, N.V.Rao. ..... PETITIONER AND 1 The Govt of A.P., Rep. by its Principal Secreatary, Municipal Administration and Urban DEvelopment Dept., Secreatariat Buildings, Hyd. 2 The Director of Town & Country Planning, A.P., Hyd. 3 The Municipal Corporation of Vijayawada. rep. by its Commissioner, vijayawada. 4 The Vijayawada-Guntur-Tenali-Mangalagiri, Urban Development Authority ( VGTMUDA), rep. by its Vice Chairman, Vijayawada-2. .....RESPONDENT(S) 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 to issue a writ of Mandamus or any other appropriate writ order or direction, declaring the action of the Respondents in proceeding with the construction of a (School ) Building or for any other for which it is earmarked in the land in R.S.No. 360/2, Currency Nagar, Vijayawada Covered by L.P.No. 13/83/VGTUDA, dated 5.5.83 in an extent of 1368.88 sq. yards as illegal, arbitrary without jurisdiction, high hand and violative of Art. 14 and Chapter IV of the Constitution of India and contrary to layout rules issued in G.O.Ms.No. 1095, MA, dated 24.8.95 and consequentially direct the respondents ehrein to consider the representation of the Petitioner herein dated 28.10.2007 and permit for construction of Ramalayam And Kalyanamandapam in the reserved open space in an extent of 1368.88 sq.Yds of Currency Nagar which is reserved for religious purpose and to pass Counsel for the Petitioner:MR.A.V.SESHA SAI Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 8853 OF 2008 ORDER: 1. This writ petition has been ﬁled by Sri Sriram Balajee Kalyana Kshetram represented by its President, N.V. Rao assailing the action of the respondents in proceeding with the construction of school building over a site earmarked for religious purpoe as per approved lay out plan 13/83/V.G/VUDA, dated 5-5-1993. When the writ petition came up for admission, Smt. G.Jhansi learned standing counsel for Municipal Corporation of Vijayawada received notice on behalf of 3rd Respondent. The learned standing counsel submits that there is no proposal of constructing a school building in the open sites earmarked for religious purpose. Para 7 of the counter aﬃdavit reads as under. “In reply to paragraphs 7 and 8, it is submitted that the allegation of the petitioner that the respondent Corporation is going to construct a school in the open space is not correct. In fact there is no such activity of construction and even there is no such proposal. As admittedly stated by the petitioner in paragraph 7 the Rule 10(a) of Municipal Corporation Hyderabad (Layout) Rules, 1965, all open spaces of a layout will vest with Corporation and Corporation shall maintain all such open spaces for the purpose they are earmarked. As such the respondent Corporation is at liberty to develop the open space and to put it for community purpose as per the layout conditions. In any case, the petitioners are not having any legal right to claim for handing over the open space to them for construction of a temple and Kalyanamandapam. If at all any such proposal for taking up development by handing over the site to any third party, the respondent Corporation shall follow the due procedure as contemplated under Section 148 of Hyderabad Municipal Corporation Act, duly following the procedure of inviting bids. As such, the petitioners Sangaham do not have any legal right to claim for permitting them for construction of the propose temple or Kalyanamandapam”. In view of the categorical statement made by the 3rd respondent in the counter aﬃdavit that there are no proposal of constructing school building in the sites earmarked for religious purpose, the apprehension of the petitioner that the respondents are going to construct a school building is not based on sound reasons. Therefore, the writ petition is dismissed at the admission stage. No order as to costs. ____________________________ Justice B.Seshasayana Reddy 30th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 8853 OF 2008 30th July, 2008.