IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 25524 of 2008 Between: Boon Educational Society(Regd No.437/2003) Rep.by its Correspondent Tahseen Basheer Sultana Shamshabad.R. R District ..... PETITIONER AND 1 The Government of Andhra Pradesh rep.by its Secretary Panchayat Raj Department Secretariat Hyderabad 2 The District Panchayat Officer Ranga Reddy District Government Andhra Pradesh Nampally Hyderabad 3 The Grampanchayat Shamshabad Gram Panchayat Rep.by its Secretary Shamshabad .....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 impugned action of the 2nd respondent 3rd respondent in seeking to demolish the School building belonging to the petitioner located at Mehdi Garden Sy No.20 21 22&33 Shamshabad Gram Panchayat Ranga Reddy District inspite of having proper permissions from the competent authorities as illegal arbitrary and violative of principles of Natural justice and consequently set aside the notices SCN No.4284/2007-B-1 (pts) 180 dt 16-10-2008 of the 2nd respondent and and Lr No.GPHS Notice 2008-09 dt 30-10-2008 of the 3rd respondent and grant such other just and consequential relief or reliefs Counsel for the Petitioner:MR.N.V.ANANTHA KRISHNA Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 25524 of 2008 ORDER: After the matter underwent several adjournments, an affidavit is now filed by the petitioner stating that, while they had proceeded with construction on the basis of the permission granted by the Sarpanch, they now realized that the Sarpanch had no power to grant such permission. With regards the subject land falling within the catchment area, the petitioner states that they may be permitted to submit a reply to the notice dated 16-10-2008. The petitioner further states that, since they had proceeded with construction on the basis of the permission granted by the Sarpanch, the construction of the building is complete and a school is running thereat since 2005-06, the President and his family members, who were the original owners of the entire extent, had got the land lay out approved by HUDA, had retained certain areas for their personal use which included an extent of approximately 1588 sq. yards close to the already existing open space near the well on the north-eastern side of the layout and that they undertook to complete the process of transferring this area of approximately 1588 sq. yards close to the already existing open space at any time convenient to the respondents on receipt of their concurrence. Whether this land, which the petitioners agree to give in lieu of the land taken by them from the panchayat for the purpose of the school being run by them, is suitable for a park and whether the respondents, in law, are entitled to accept this extent of land in lieu of the land already earmarked for the park are all matters which the respondents are required to examine and not for this Court to issue a mandamus. Since the petitioner is running a school in the building, which is alleged to have been constructed in the space earmarked for a park and without valid permission, ends of justice would be met if the petitioner is directed to submit a representation within a period of two weeks from today giving details including the actual extent of the land which they are willing to give in lieu of the gram panchayat’s land taken over by them and the first respondent is directed to take an appropriate decision in the matter, after consulting the third respondent whether the land offered by the petitioner, in exchange, can be accepted or not. Till a final decision is taken by the first respondent, and the decision is communicated to the petitioner herein, the respondents shall not proceed with demolition of the school building. The writ petition stands disposed of accordingly. No order as to costs. RAMESH RANGANATHAN,J Dt:27-11-2008 usd