ORDER :

M. Satyanarayana Murthy, J.

1. This writ petition is filed under Article 226 of the Constitution of India questioning the action of the respondents in proposing to convert open plots which were earmarked for school, temple, community hall and park into house sites under scheme of "Navaratnalu-Pedalandariki Illu" in Sy. No. 67 of Sudivaripalem Village, Inkollu Mandal, Prakasam District and to declare the same as illegal, arbitrary; consequently direct the respondents not to assign the open plots earmarked for school, temple, community hall and park etc.

2. The petitioners are the residents of Sudivaripalem Village, Inkollu Mandal, Prakasam District. There are number of poor people, who are below poverty line, residing in the said village without any shelter, they made representations requesting the Government for allotment of house sites. During the year 1999 and subsequent years, in a phased manner, house site pattas were granted to the poor people in the village in an extent of 8.00 acres in Sy. No. 67 of Sudivaripalem Village, hamlet of Nagandla Village, Inkollu Mandal at the rate of 0.03 cents to each Pattadar assigning house sites. In the said allotment, 183 persons including the petitioners were allotted site by issuing D-Form pattas and became beneficiaries. To allot house site pattas in Sy. No. 67, the Government has divided Ac. 8.00 of land into 0.03 cents plot each and assigned to 183 beneficiaries. A layout was sanctioned by the authorities reserving site for roads as well as school, temple, community hall and park etc. Out of the said land, excluding the house site pattas given to the poor people, 12 plots at 3 different places earmarked/reserved for construction of school, temple, community hall and park etc. In the plots reserved for public purpose, no school, community hall were constructed and no park was created in the open plots, but the State proposing to assign those plots, earmarked for public purpose, to the landless poor under the scheme "Navaratnalu Pedalandariki Illu", thereupon the petitioners made a representation dated 26.08.2020 not assign the land earmarked for public purpose, bringing to the notice of the respondents that the proposed plots were earmarked for school and park etc.

3. It is specifically contended that the open space left as per statutory requirement has to be utilised for park as well as for public purposes. After approval of layout, specific public places will vest on the panchayat and it is under obligation to utilise the same for the purpose, for which they were reserved. Instead of development of park, temple etc. for the benefit of the villagers, the respondents are trying to assign the land to the landless poor. The action of the respondents in trying to assign the public place will deviate the very purpose of reservation of those plots, therefore, such act of the respondents is illegal, arbitrary and contrary to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 (for short "the Act") and the Andhra Pradesh Town Planning Act, 1920, requested to issue a direction as claimed.

4. The respondents did not file any counter, but learned Assistant Government Pleader for Revenue placed on record written instructions Rc. No. DT/537/2020 dated 07.10.2020 along with layout plan showing the proposed common plots for assignment to the landless poor under the Scheme "Navaratnalu-Pedalandariki Illu", requested to dispose of the writ petition based on the written instructions.

5. In view of the request made by learned Assistant Government Pleader for Revenue, this Court has no other alternative except to dispose of the same taking into consideration, the written instructions placed on record by learned Assistant Government Pleader for Revenue.

6. In the written instructions it is stated that an extent of Ac. 4.19 cents in Sy. No. 67/2A of Nagandla Revenue Village was acquired in the year, 1996. A layout was prepared with 106 plots. 8 plots were earmarked for communal purpose and 6 p