IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.15200 of 2001 Between: Rep. by its Secretary Shri K.Kameswara Rao, S/o. K.Rajeswar Rao, Viswas Nagar, Hyderabad. Prasanthinagar Welfare and Cultural Association (Regn.No.496/95) ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Municipal Administration Department, Secretariat Building, Saifabad, Hyderabad. 2 The Sherilingampalli Municipality, Rep. by its Commissioner, Sherilingampalli, Hyderabad. 3 The Supt. of Police, Lakdikaphool, Hyderabad, Ranga Reddy District. 4 Inspector of Police-cum-Station House Officer, Madhapur P.S., Ranga Reddy District. 5 Raghavendra Colony Welfare Association, Rep. by its Secretary, Raghavendra Colony, Kondapur Village, Sherilingampalli, Ranga Reddy District. .....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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not stopping the conversion of the land ear-market for community purposes in Prasanthinagar Colony, Kondapur Village, Ranga Reddy District abutting on all four sides by plot Nos.274, 337, 257, 254 and 234 of Kondapur Village, Sherilingampalli Municipality, Ranga Reddy District in to residential plots as arbitrary, illegal and violative fo Articles 14, 21 and contrary to Articles 39, 48-A and 300 of the Constitution of India apart from being violative of the principles of natural justice and fair-play and consequently direct the respondents not to ensure against enjoyment of the area ear-marked for community purposes of Prasanthinagar Welfare and Cultural Association abutting Plot Nos.274,337,257,254 and 234 of Kondapur Village, Sherilingampalli Municipality, Ranga Reddy District in any manner whatsoever. Counsel for the Petitioner:MR.T.S.ANAND Counsel for the Respondents: MR.V.VISWANATHAM The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.15200 of 2001 ORDER: None appears for either side. It is the case of the petitioner’s association that it is formed with a view to develop the land in Block ‘C” of Prasanthi and Raghavendra Co-operative Housing Society, Hyderabad, wherein the members of the petitioner’s association purchased plots by providing amenities to build residential houses therein. It is stated that pre-decessors in title of the plots have got the total extent of the land plotted and obtained approval of the layout from Kondapur Gram Paqnchayat on 12-03- 1972. It is stated that some of the members of the petitioner’s association obtained necessary permission and constructed houses. It is stated that the land admeasuring Ac.0-04 gts., adjacent to plot Nos.239, 274, 337, 257 and 254 is earmarked in the sanctioned layout plan for community purposes namely for construction of Community Centre and Library. It is stated that attempts are being made by certain unsocial elements to convert the land earmarked for the communal purposes by illegally plotting the same and converting them into illegal dwelling places. Therefore, it is stated that the petitioner made a representation before respondents 2 and 4, but respondents 2 and 4 have not taken any action so far. A counter has been ﬁled by respondents 1 and 2 stating that there was no approved layout with regard to plotting of the said land and entire layout was illegally made. Since the layout was not done with the approval of the Competent Authority i.e., HUDA, the said land alleged to be earmarked for construction of Community Hall also does not have the sanction of approval of HUDA. No sanctioned layout plan was obtained by following the provisions of A.P.T.P.Act., 1920. However, it is stated that with regard to so-called illegal construction, the respondent oﬃcials initiated timely action and no construction is being carried out. As it is stated that no illegal constructions have been made, if the petitioner disputes the same, it is open for him to resolve the disputed question of fact before properly constituted forum. Therefore, no writ of mandamus can be issued. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 22-08-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ANURADHA}