Appidi Narayana Reddy v. The Karimnagar Municipal Corporation,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.20806 OF 2017 ORDER:

This writ petition is filed seeking to issue a writ of mandamus to declare the action of the 1st respondent in not taking any action in pursuance to the representation of the petitioner and others, dated 05.06.2017, seeking to protect the park site earmarked in the layout made in an extent of Acs.9.00 gts., in sy.No.1234 of Kothayasawada of Ramnagar Gram Panchayat, Karimnagar, from the land grabbers and to stall laying of the road through the said site, as illegal and arbitrary, and consequently, direct the respondents to raise the compound wall encompassing the site earmarked for park in the aforesaid layout. Heard and perused the material available on record. It is the case of the petitioner that during the year 1980-81, a layout was developed in New Yaswada village of Ramnagar Gram Pranchayt in Karimangar District in an extent of Acs.

9.00 gts., and the Government sanctioned permission for total 138 plots and that as per the sanctioned plan, an open space was earmarked for development of a park in the said layout. While so, the adjacent residents of the said colony have removed part fencing of the open space and laid encompassing the said park site for their ingress and egress and are pressurizing the local political people to lay a road through the said area and they are taking steps to lay the road through the said open space. Therefore, the petitioner and other residents of the said colony submitted a representation on 05.06.2017 to the 1st respondent with a request to protect the open space, which was earmarked for developing a park. But, no action has been taken by the 1st respondent so far.

Considering the circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, this Court is inclined to pass the following order:

" The 1st respondent is directed to consider representation, dated 05.06.2017, made by the petitioner, and take appropriate action in accordance with law regarding laying of road unauthorizedly, in the open space which was earmarked for developing a park in the layout of Kotha Yaswada of Ramnagar Gram Panchayt, Karimnagar District, within a period of eight (8) weeks from the date of receipt of a copy of this order."

With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions pending if any, shall stand closed.

______________ RAJA ELANGO, J June 27, 2017 KTL