IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 25415 of 2003 Between: 1 M/s. Sri Balaji Associates, Mancherial, rep. byits Managing Partner Ch. Swarajam, S/o. Kistaiah, H.No. 6-310, Railway Station Road, Mancherial, Adilabad District. 2 Nedipelly Sri Ranga Rao, S/o. N. Madhava Rao, Near Balaji Colony, Opp: Government College, Mancherial, Adilabad District. ..... PETITIONER(S) AND 1 Macherial Municipality Mancherial, Adilabad District, rep. by its Commissioner. 2 Director of School Education, Government of Andhra Pradesh, Saifabad, Hyderabad. 3 District Educational Officer, Adilabad. 4 The Headmaster, Government High School, Garmilla, Mancherial Town, Adilabad 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 will be pleased to to issue a writ, order or a direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in allowing the 4th respondent to raise construction of School Building in the land earmarked for Park in Sy.No. 64, Garmilla Sivar, Mancherial Municipality, Adilabad District, as being arbitrary, illegal and unconstitutional and without any authority and consequently restrain the 4th respondent not to raise any construction with a further direction to the 1st respondent to utilise the land only for the development of park Counsel for the Petitioner:MR.A.GIRIDHAR RAO Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : Form-NIC-OGS/WP{ } HONOURABLE SRI JUSTICE R.SUBHASH REDDY W.P.No.25415 of 2003 ORDER: In this writ petition, the petitioners seek declaration by way of Mandamus to declare the action of the respondents 1 to 3 in allowing 4th respondent to raise construction of school building in the land earmarked for park in Sy. No.64 of Garmilla Sivar, Mancherial Municipality, Adilabad District, as illegal and arbitrary and consequently direct the 4th respondent not to raise any constructions in the open land. 2. The 1st petitioner claims to have purchased the land admeasuring Ac.5.31 guntas in Sy. No.64 of Garmilla Sivar, Mancherial Municipality, Adilabad District. The 2nd petitioner has also purchased a plot in the above said piece of land. It is their case that on their application, a layout was approved in L.P. No.44 of 2002 and as per the condition No.15 in the layout conditions, certain open spaces were left and transferred to 1st respondent-Municipality through a registered gift deed on free of cost. The grievance of the petitioner is that though the said open space, transferred by way of gift deed, was vested with the Municipality, the 4th respondent is making an attempt to make constructions in the said open space and respondents 1 to 3 are allowing the same. 3. At the stage of admission, this Court, by order dated 05-12-2003 in W.P.M.P.No.32020 of 2003, granted interim directions to the respondents not to allow any constructions on the land which is earmarked for park in the layout. Such order has been in force during the pendency of the writ petition and since then, no counter affidavit is filed by any of the respondents. 4. As much as it is the case of the petitioners that the disputed land, in which constructions are said to be made by the 4th respondent, is an open land and since the said land was transferred to 1st respondent- Municipality, by way of gift deed, as per the layout conditions, the same cannot be used for any constructions. In the case of M.I. Builders Private Limited V. Radhey Shyam Sahu and others[1], the Supreme Court has held that no constructions are allowed in public parks. 5. As much as the allegation of the petitioner is not controverted by way of filing counter affidavit and further, interim order passed by this Court is still in force all along during the pendency of the writ petition, I deem it appropriate to dispose of the writ petition directing the respondents 1 to 3 not to allow any constructions in the area, which is earmarked for park in the layout, approved vide orders in L.P.No.44 of 2002 by Garmilla Sivar, Mancherial Municipality, Adilabad District. 6. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. ______________________ 29th July 2009 kvr [1] AIR 1999 S.C. 2468