A. Ramalingeswara Rao, J.

1. Heard the learned counsel for petitioner, the learned Standing Counsel for first respondent and the learned counsel for respondents 5 to 9. An extent of Ac.47-18 guntas of land in survey Nos. 143, 153, 154 and 163 (parts) of Boduppal Village, Uppal Mandal, Ranga Reddy District belongs to G. Laxmi Narayana and others. They executed a General Power of Attorney in favour of one Ravinder Reddy. He applied on 17.05.1990 to the first respondent seeking permission for the layout plan. The said land was originally earmarked for conservation use and it was changed to residential use pursuant to G.O.Ms. No. 212, Housing, Municipal Administration & Urban Development Department (I-2), dated 15.05.1990. Initially, a tentative layout was released by proceedings dated 10.08.1990 and the applicant was asked to execute the layout for development works. Ultimately, permission for final layout was issued on 02.09.1992 subject to condition of handing over of roads to the local authority, roads and open spaces shall be planted with shade giving ornamental trees and other conditions. In the final layout, the land use was earmarked as plotted area @ 54.14%, roads area @ 30.34%, open area @ 10.58% and amenities area @ 4.94%. Thereafter, the plots were sold to various individuals, who formed into an association called "Lakshmi Nagar Colony Residents Association", the petitioner herein.

2. In the amenities area, an extent of 3603 square yards was earmarked for school purpose. Near the said school area, the purchasers of plot Nos. 5, 6, 7, 8 and 9 already constructed and running a school after obtaining permission from the local Gram Panchayat. It appears that two sale deeds of an extent of 753.23 square metres out of total area of 3603 square yards earmarked for school purpose, was sold in favour of A.V. Srinivasa Rao and B. Damodar by a registered sale deed dated 05.10.2001. The said purchasers submitted an application to the first respondent seeking conversion of school area into residential area in modification of the final layout plan issued in respect of the said land. The owners of plots Nos. 5 to 9, who were running a school by name "Grace Mission High School", gave no objection for treating their land as a land earmarked for school purpose and converting the school land in the layout for residential purpose. The first respondent considered the said application and granted permission by a letter No. 7042/Misc/MP2/Plg/H/2007, dated 30.06.2008 and the same was communicated to the Boduppal Gram Panchayat. The Gram Panchayat objected to the same and addressed a letter to the District Collector (Panchayat Wing), Ranga Reddy District. The petitioner also objected to such change and filed the present Writ Petition.

3. The first respondent filed a counter-affidavit stating that the amenities area is reduced from 4.94% to 3.37% and in respect of other areas like plotted area, roads area and open area, there is no change. Even the amenities area also, the present area of 3.37% is in tune with the rules. When a representation is received from the petitioner pursuant to the orders of this Court suspending the approval of the amendment to the layout, the Gram Panchayat was addressed a letter not to release the layout to the third respondent.

4. The Gram Panchayat, Boduppal, the second respondent, filed a counter-affidavit stating that the modification was done without notice to it and hence a letter was addressed to the District Panchayat Officer on 21.11.2008 and 02.08.2009 and the matter is pending with him. Respondents 5 to 9 filed separate counter-affidavits stating that the amenities area indicated in the layout plan is no way affected. It is further stated that area earmarked for school does not vest in the Gram Panchayat and it is a saleable area. The only restriction is with regard to the nature of usage of that area and there is no prohibition from selling that land.

5. It is contended by the learned counsel for the peti