IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 595 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 27/11/2008 in WP NO : 9083 OF 1999 on the file of the High Court.) Between: 1 B. Rangamma, W/o. B. Eranna, R/o. H.No. 1/731, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 2 Y. Ademma, W/o. . Pedda Maddulety, R/o. H.No. 1/731-1, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 3 Y. Pullamma, W/o. Y. Laxmanna, R/o. H.No. 1/731-2, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 4 Y. Santhamma, W/o. Y. Neelakanta, R/o. H.No. 1/731-3, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 5 Y. Renukamma, W/o. Y. Chinna Ramaiah, R/o. H.No. 1/731-4, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 6 Y. Naga Mani, W/o. Y. Narayana, R/o. H.No. 1/731-5, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 7 B. Ranemma, W/o. B. Urukundu, R/o. H.No. 1/731-6, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 8 Y. Lakshmi, W/o. Y. Hanumanthu, R/o. H.No. 1/731-7, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 9 Y. Pushpavathi, W/o. Bojjaiah, R/o. H.No. 1/731-8, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 10 V. Padmamma, W/o. Y. Vijay, R/o. H.No. 1/731-9, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 11 Y. Kamalamma, W/o. Y. Pedda Babu, R/o. H.No. 1/731-10, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. 12 Y. Ramanamma, W/o. Y. China Babu, R/o. H.No. 1/731-11, R/o. Kota Hanuman Colony, Yemmiganur Town, Kurnool District. ..... APPELLANT(S) AND 1 B.L. Nagi Reddy, S/o. B.N. Laxmanna, R/o.Yemmiganur, Kurnool District. 2 The Yemmiganur Municipality, Yemmiganur, rep.by its Commissioner 3 The District Collector, Kurnool. 4 The Government of Andhra Pradesh, rep.by the Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. .....RESPONDENT(S) Counsel for the Appellants: SRI C.V.BHASKAR REDDY Counsel for the Respondents No.: SRI O.MANOHER REDDY The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :595 of 2009 JUDGMENT: (per Hon’ble Sri Justice VILAS V. AFZULPURKAR) This appeal is filed by third party, who has already obtained exparte leave from this court for preferring this appeal. The subject matter of the Writ Petition relates to the open land belonging to Sri Anjaneya Swamy Temple in Yemmiganur Town, situated in survey No.317. Regarding the said land, the temple- authorities had approached the Director of Town Planning for sanction of a lay-out and accordingly, a lay-out was sanctioned in the year 1978. As per the said lay-out plan, an extent of Ac.0.55 cents was reserved in the layout for park and play ground and the rest of the land was sold by making plots. One such plot No.11 was purchased by the petitioner. The said petitioner approached this court by filing Writ Petition No.9083 of 1999 complaining the action of the respondents in allotting house site in park area in the said survey number. The learned Single Judge, on a consideration of the entire material, having found that suitable sites are to be identified, if necessary by acquisition, and allotment has to be made after thorough verification of the background of the needy persons, has made very strong and serious remarks on the action of the respondents and allowed the writ petition by directing respondents 1 and 2 to hand over vacant possession of land of Ac.0.55 cents to the temple in question within a period of two months from the date of receipt of a copy of the order by removing encroachments, if any, on the site. In this regard, it is also made clear that if there are any encroachers over the land, such of them who deserve allotment of house sites, shall be provided the same at a different place and that the land handed-over to the temple shall not be put to any other use and shall be under its direct control. The present appeal is filed by 12 appellants as stated above after securing leave on the ground that they were granted pattas by the respondents in the Writ Petition and thereby they claim that they have been in possession even prior to the grant of lay out and they have no objection for moving out of the present location provided they are given alternate sites and to that extent, they seek leave of this Court to challenge the order of the learned Single Judge. We have heard the learned Counsel for the appellants, learned Standing Counsel for the Municipality and the Standing Counsel for the Temple. It is not in dispute that the open space earmarked for park in the lay-out plan No.222 of 78 of Sri Anjaneya Swamy Temple is proposed to be converted into slum and for that purpose by assigning house sites by the revenue authorities. However, the question as to whether the appellants herein are patta holders or not, is not necessary to be enquired into at this stage of the proceedings in this appeal. The fact that remains uncontroverted is that the open space earmarked in the lay out of the temple cannot be converted to any other use, much less, house sites, as has been held in a catena of decisions of the Apex Court as well as this Court. In this view of the matter, We feel that the view expressed by the learned Single Judge is, therefore, unexceptional one and as such, no error is discernable from the impugned judgment. So far as the grievance of the appellants that they are entitled to alternative site is concerned, the learned Standing Counsel for Municipalities and the learned Government Pleader for Revenue Authorities assured before the learned single Judge that alternative sites would be allotted to the persons, who are presently occupying the said open space. The process of identification and allotment of alternative site to the occupiers of the site earmarked in the lay out must, therefore, be expedited and apart from that, it is desirable to make the allotments before the site is handed over to the temple as directed. So as to enable the respondents to complete the process as directed by the learned single Judge, three (3) months time is granted from the date of receipt of a copy of this order. Subject to the above observations, the writ appeal is dismissed. No order as to costs. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 30th April, 2009 nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :595 of 2009 (Judgment of the Division Bench delivered by the Hon’ble Sri Justice VILAS V. AFZULPURKAR) 30th April, 2009