( 1 ) SRI Ramakrishna Educational society filed the present writ petition seeking a direction to the respondents, namely, the chairman, Nandyal Municipality, Kurnool district and the Government of Andhra pradesh in Town Planning and Municipal administration Department, to remove the temporary sheds erected in the playground for establishing Rythu Bazar (farmers bazar) and restore it as playground of Sri ramakrishna Vidyalaya and for citizens of Nandyal Town.

( 2 ) THE correspondent of the petitioner society filed an affidavit in support of the writ petition. The following facts and allegations may be culled out from the same. The petitioner society was formed in 1956 by one late N. Venkata Subbaiah, who is statedly an eminent freedom fighter and former Chairman of A. P. Legislative Council. He formed and established Ramakrishna vidyalaya, which is recognized and aided by Government of Andhra Pradesh. The said educational institution is located in a colony known as Srinivasa Co-operative housing Society Colony (the colony, for brevity), which came into existence as per the approved layout plan. It is alleged that the members of the colony society earmarked about Acs. 2. 00 of land adjoining the school premises as playground and since its establishment, Ramakrishna vidyalaya has been using the said land as play ground. It is also alleged that though the playground form part of Srinivasa Colony layout, Ramakrishna Vidyalaya was using the land and the same was also recognized by the Municipal Council on 31. 8. 1991 vide resolution No. 226 recommending to the government to grant lease of the land for playground on payment of Rs. 1,000/- (Rupees one thousand only) per acre. The first respondent submitted layout under Section 14 of the A. P. Town Planning Act, 1920 (the act, for brevity) to second respondent, who approved the same. Even in the master plan, the land admeasuring about Acs. 2. 00 was shown as playground. Notwithstanding the same, in July, 1999, respondents erected temporary sheds in the playground and converted it into a Rythu Bazar, which was inaugurated by local M. L. A. , and Deputy speaker of A. P. Legislative Assembly. Such conversion of playground into Rythu bazar deprived about one thousand students of Ramakrishna Vidyalaya of their right to have a recreation and physical exercise, which is essential for their well being. It has also polluted the environment and deprived the students of peace of mind. The location of Rythu Bazar adjoining the school is in violation of fundamental rights of the citizens.

( 3 ) THE respondents filed separate counters. The second respondent also filed an additional counter-affidavit. The first respondent in its counter while denying the petition averments stated as follows. Srinivasa colony society submitted proposals for residential layout over an extent of acs. 40. 00 of land to the Director of Town and Country Planning, Hyderabad, through the Commissioner of Nandyal Municipality. The Director approved the layout bearing t. P. No. 18/77 as per the Layout Rules providing ten per cent of total extent as reserved open space for public use in three different localities within the layout boundaries. The area admeasuring Acs. 1. 94 earmarked as playground, which is not intended for the students of Ramakrishna vidyalaya alone and the same is intended for the residents of the colony as well. The school of the petitioner society is outside layout T. P. No. 18/77 boundary. However, on 2. 7. 1991, the President of the petitioner society submitted an application for allotment of the open land in their favour on long term lease. The Municipal Council in their resolution No. 226, dated 31. 8. 1991, resolved to submit proposals to the government for allotment of the area admeasuring Acs. 1. 50 in favour of the petitioner society for a period of twenty five years on lease basis. Considering the same, the second respondent by Memo No. 2398/ jl/91-14, dated 12. 4. 1996, rejected the proposal to lea

Click Here to Read the rest of this document