IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.28777 OF 2010 DATED:9.3.2011 Between: Maruti Vaddera Association A Registered Society Vide Reg. No.616/2010 AB Colony, Ward No.123 Jagadhgirigutta Kukatpally Ranga Reddy District Rep. by its President M. Mukaiah R/0.4-35-350/1/3 Venkateswara Nagar, AB Colony Ward No.123, Jagadhgirigutta Kukatpally, Ranga Reddy District … Petitioner And State of Andhra Pradesh Rep. by District Collector Ranga Reddy District At Lakadikapool and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.28777 OF 2010 ORDER: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) 1. This is the second round of litigation. Earlier, W.P. No.27160 of 2008 relating to the same subject matter, i.e., survey number 347 of Kukatpally Village, Balanagar Mandal, Ranga Reddy District, seeking indulgence of the Court not to allow the area to be used as crematorium came to be opposed by the Government, contending that the area is to be developed as play ground and the stand so disclosed by the Government received approval of the Division Bench in the said Writ Petition, knowledge whereof is not denied by the petitioner, yet this writ petition in the guise of public interest litigation alleging something contrary to the dictum of the Division Bench. 2. On facts also the writ petitioner has a difficulty as is evident from the counter filed by the respondent – State, contending that the land was never earmarked for graveyard purpose and only a proposal to that effect was mooted but was dropped because of objections and representations of the general public, contending further that the land was ultimately allotted for playground. The State has also averred that a school is in place in the area in question which does not have sufficient space and due to lack of accommodation eight classes are being run on varandah and in the open space exposing the students to vulnerability of rain, cold and hot sun, therefore a need had arisen to allocate the land to the school for construction of class rooms and playground and was accordingly allotted. The purpose in our opinion is laudable one which promotes the public interest. On the contrary the petitioner has filed this public interest litigation alleging violation of the land use which stands refuted by the respondents on affidavit. In that view of the matter, the judgment relied upon by the learned counsel for the petitioner in the case of S.R. Ramanujam v. Chief Secretary to Government[1] is not attracted. 3. Viewed thus, writ petition fails and is dismissed. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 09-3-2011 B. Narsinga Rao [1] 1997 (3) ALD 114 (DB)