IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 5689 of 2009 Between: D. Chenna Reddy S/o. D. Pothu Reddy R/o. House Plot No.85, Viswa Shanthi Nagar, Kakkalapalli Village, Anantapur Rural Mandal, Anantapur Dist. ..... PETITIONER AND 1 The Govt. of Andhra Pradesh Rep. by its Joint Collector Anantapur. 2 The Tahsildar Anantapur. .....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 direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in not taking steps to stop the illegal constructions in public utility place earmarked land for School, Temple and Park etc., i.e., an extent of 14 cents in between House Plot No.34 and 35 in Sy.No.89-9-B1F of Kakkalapalli Village, Anantapur Rural Mandal, Anantapur Dist. is arbitrary, illegal and violation of Articles 19, 21 of the Constitution of India, consequently direct the respondents to initiate appropriate actions to protect the public utility land earmarked for School, Temple and Park etc., i.e., an extent of 14 cents in between House Plot No.34 and 35 in Sy.No.89-9-B1-F of Kakkalapalli Village, Anantapur Rural Mandal, Anantapur Dist. Counsel for the Petitioner:MR,KUNCHEAMMAHESWARA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM And THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN W.P.No. 5689 of 2009 Oral Order: (Per: GR, J) The petitioner is aggrieved that the official respondents have not taken action to stop illegal constructions in the place earmarked for maintaining or creating public utilities i.e., for school, temple, park etc., in an extent of Ac.0-14 cents in between plot Nos.34 and 35 in survey No. 89-9-B1F of Kakkalapalli village, Anantapur Rural Mandal, Anantapur District and seek an appropriate direction in this behalf. In the additional counter filed by the 1st respondent, it is stated that during 1966 an extent of Ac.03-00 in survey No. 89-9B1F of the village was allotted to 154 beneficiaries towards house site pattas of which an extent of Ac.0-14 cents was reserved as ‘open site’ for community purposes. While so, certain residents including four government employees applied for house site pattas in the reserved ‘open site’ and the 2nd respondent granted house site pattas in their favour by earmarking plot Nos. 155 to 162 in the said extent of Ac.0-14 cents. The counter affidavit concedes the position that in view of the orders of the Government in G.O.Ms.No.1406 dated 25-07-1958 places earmarked or reserved for community purposes cannot be assigned and that in the circumstances the 2nd respondent had submitted proposals for cancellation of the assignment of plot Nos. 155 to 162. Notices were issued calling for explanation from the assignees of these plots and eventually after a due process, by the order dated 06-07-2009 of the Revenue Divisional Officer, Anantapur, the several assignments were cancelled. The learned counsel for the petitioner states that in view of the subsequent developments set out in the counter affidavit of the 1st respondent, the cause in the writ petition does not survive for adjudication. Recording the submission, the writ petition is dismissed as ‘infructuous’. No costs. ____________________ GODA RAGHURAM, J _______________________________ RAMESH RANGANATHAN, J Dated: 03-08-2009 Pvks