THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 28490 of 2011 ORDER: This writ petition is filed seeking issuance of writ of mandamus, declaring the action of the respondents in not taking any action on the complaint lodged by the petitioner, as illegal, arbitrary, unconstitutional and violative of statutory rules. The facts of the case, in brief, are as follows: A land admeasuring Ac.8-33 guntas, situated in Sy.No.20/AA of Gandamguda village, Perancheruvu Grampanchayat, Rajendranagar Mandal, Ranga Reddy District was earmarked for constructing residential colony and the said land was converted into plots and sold to prospective buyers, which includes petitioners, who own houses in the said colony. Out of the said total area of 40,317.20 square yards of land, 24,190.34 sq.yards was earmarked for plots, 10,821.11 sq.yards was earmarked for roads, 1274.05 sq.yards was earmarked for various amenities, which include primary school, medical dispensary, post office and open space specifically earmarked for the purpose of park/play ground. In all 4031.70 sq. yards was left for the said purpose. As per specification, two independent plots were earmarked for the purpose of garden. However, before the authorities were yet to develop the same for the intended purpose, some notorious persons constructed a temple overnight near the land and started performing pooja. It is further stated that there is absolutely no play ground or park in the entire area of Ac.8-33 guntas of land, for lung space, and the residents seriously objected for such construction. While so, on 07.10.2011, some strangers with the help of some residents performed ground ceremony proposing to construct huge temple in the area which is earmarked for the park/playground. The petitioner along with other residents lodged a complaint with the 1st and 2nd respondents on 10.10.2011 as the construction of temple or mosque in the open park/play ground is not only a deviation from the original condition imposed while granting sanction of layout, but also impermissible under law, as a park or play ground cannot be converted into any religious or other activities. Since the 1st and 2nd respondents are not taking any action even though some persons are proceeding with unauthorized construction, the petitioners filed the present writ petition. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-municipality. Learned Standing counsel for the respondent-municipality, on instructions, states that there is no construction activity on the land in Sy.No.20/AA, which is earmarked for park, and there are no unauthorized constructions, and that the Panchayat also erected an iron board stating that the land belongs to Panchayat and it is earmarked for park. Recording the said submissions, the writ petition is closed. There shall be no order as to costs. ______________________ JUSTICE K.C. BHANU 08th December, 2011 KSM