( 1 ) AS the issue involved in these two Writ petitions is common, this order shall dispose of both the Writ Petitions. The petitioner in W. P. No. 6301 of 1994 is N. G. Os colony Development Committee. It seeks writ of Certiorari to quash the proceedings of the District Collector, the first respondent herein, in Rc. No. B-3/59/93 dt. 29-3-1994. By the said proceedings, the first respondent directed the second respondent to handover the site admeasuring 2214 sq. yards situated in the petitioner s colony to Ambedkar Society for Community Hall and to the Deputy Director (Social Welfare) for construction of office of the Assistant social Welfare Officer. This Court by order dt. 5-4-1994 in W. P. M. P. No. 7728 of 1994 granted stay of all further proceedings consequent to the proceedings of the first respondent. In obedience to the orders of this Court in interlocutory stage, the first respondent again issued proceedings bearing Rc. No. E-1/5267/96 dt. 30-11-1996 cancelling the orders dt. 29-3-1994 by which a. P. Scheduled Castes Welfare Association was allotted the building situated in the land in question. Challenging the orders of the District Collector dt. 30-11-1996 the said association filed Writ Petition No. 7850 of 1997 seeking a declaration that the order of the Collector dt. 30-11-1996 is in violation of principles of natural justice.

( 2 ) BRIEFLY stated the facts are as follows: the Government allotted an extent of acs. 7. 58 in R. S. No. 373 to N. G. Os Colony. The layout was approved vide T. P. No. 72/1953 by the Director of Town planning. In the layout, the land admeasuring 2214 Sq. yards was shown as park. However, the park was not constructed. In 1962 a building known as social welfare building was constructed for social Welfare Department employees. For some time, it was under the occupation of electricity Department as well as Red Cross society. During Praja Sadassu held in pedana, the then President of the petitioner represented to the Hon ble Minister for agriculture and Endowments that the land earmarked for park is being utilised for a purpose other than park and requested to develop the land as park. According to the decision in Praja Sadassu, the commissioner of Municipality, third respondent here in, addressed the District collector to handover open space. The revenue authorities appeared to have enquired into the matter, but nothing turned out. Therefore, the petitioners formed into association and have been espousing the cause of the colony people for development of the land into park. They went on making representations in vain. Acting on the representation of the then m. L. A. as well as the representation made by the petitioner in W. P. No. 7850 of 1997, the Collector issued the impugned order on 29-3-1994 allotting the land to the Social welfare Department as well as Ambedkar society in equal proportions while keeping the building empty.

( 3 ) THE petitioner approached this Court placing reliance on the judgment of the apex Court in Bangalore Medical Trust vs. B. S. Mudappa wherein their Lordships laid down that the land earmarked for park cannot be converted or changed into land for other purposes. As already noticed, this court stayed the allotment and aggrieved by the consequential proceedings A. P. Scheduled Castes Welfare Association filed writ Petition No. 7850 of 1997. The said association contends that by proceedings dt. 29-7-1996 the Association was allotted the building, that they are using the building for imparting coaching to the unemployed students of S. C. , S. T. , and B. C. for preparing them for competitive examinations and that they are in possession since the date of allotment. They also stated that they have spent considerable amount for repairs and clearance of shrubs surrounding the building.

( 4 ) SRI K. Vinaya Kumar, learned Counsel for the petitioner in W. P. No. 6301 of 1994, submitted that as per the layout T. P. No. 72/1953 the land was earmarked for park