The Court dismissed the writ petition challenging the allotment of land for a burial ground and its conversion from a cart track. The Court held that the authorities followed the prescribed procedure, including Grama Sabha resolution, and the action was for public benefit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
7
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI
(Special Original Jurisdiction)
THURSDAY. THE EIGHTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 1672 OF 2020
Between:
...PETITIONERS
AND
r
“'S.
5,.:Jn\he Tahsildar, Pedapudi Mandal, East Godavari District.
u tt k'"
; >4-;/ ;•
,'^^■6!. The Rameswsaram Grama Panchayat, represented by its Panchayat
4 ^ ' Secretary, Kakinada, East Godavari District.
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith,The High Court may be pleased to issue an order, or a direction, or a writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 6th respondent in allotting site of 35 cents in Sy.No. 332 of Rameswaram village, Pedapudi Mandal, East Godavari District for the purpose of burial ground the action of the 2nd respondent in issuing order in eFile No. 60394/2019-A3 dated 19.10.2019 converting 35 cents of land in Sy.No. 332from cart track to burail ground and the action of the 6th respondent in making construction of the burial ground in Sy.No. 332, though the site for burial ground was allotted in Sy.No. 103 of Rameswaram village of PedapudiMandalofEast Godavari District, as illegal, arbitrary and unconstitutionalaisinviolationof the principles of natural justice and to consequently set aside the impugned proceedings of the 2nd respondent in eFile No. 260394/2019-A3 dated 19.10.2019 and to direct the respondents to remove the ongoing construction of burial ground in Sy.No.332 of Rameswaram village and to preserve the communal pathway in Sy.No.332 of Rameswaram village of Pedapudi Mandal of East Godavari District.
r
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased be to grant leave to file counter and the present leave petition.
lA NO: 2 OF 2020
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent Nos. 2 to 6 not toinitiate any coercive action against the two existing burial grounds situated in Sy.No. 374 and 385 of Rameswaram Village, Pedapudi Mandal, East Godavari District, which are situated on the side of west Yeleru drainage of the said village pending disposal of the above writ petition.
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent Nos. 2 to 6 not to proceed with the further construction of the burial ground in an extent of 35 cents in Sy.No.332 of Rameswaram village of Pedapudy village of East GodavariDistrict pending disposal of the above writ petition.
Counsel for the Petitioner: SRI. KALEEMULLA S
Counsel for the Respondents: GP FOR REVENUE
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No. 1672 OF 2020
Between:
Challa Venkata Phani Kumar, S/o Bhaskar Sarma, aged about 34 years, resident of D.No.3-138/2, Kavdlagoyyi, Rajamundry Rural, East Godavari and three others.
... Petitioners
And
The State of Andhra Pradesh, Rep. By its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati and five others.
... Respondents
Counsel for the petitioners : Sri Syed Kaleemulla Counsel for respondents : GP for Revenue, GP for Panchayat Raj and Sri N.Srihari, Standing Counsel
ORDER
The present writ petition is filed under Article 226ofthe
Constitution of India seeking the following relief:
“... to issue an order or a direction or a writ more particularly one in the nature of Writ of Mandamus declaring the action of the 6th respondent in allottingsiteof 35 cents in Sy.No.332 of Rameswaram village, Pedapudi Mandal East Godavari District for the purpose of burial ground the action of the 2nd respondent in issuingorderin eFile No.60394/2019-A3, dated 19.10.2019 converting35 cents of land in Sy.No.352 from cart track to burial ground and the action of the 6th respondent in making construction of the burial ground in Sy.No.332 thoughthe
Page 2 of 6
SRSJ W.P.No.1672 of 2020
site for burial ground was allotted in Sy.No.l03 of Rameswaram village of Pedapudi Mandal of East Godavari District as illegal arbitrary and unconstitutional a is in violation of the principles of natural justice and to consequently set aside the impugned proceedings ofthe 2nd respondent in e-File No.260394/2019-A3. dated 19.10.2019 and to direct the respondents to remove the on going construction of burial ground in Sy.No.332 of Rameswaram village and to preserve the communal pathway in Sy.No.332 of Rameswaram village of Pedapudi Mandal of East Godavari District, and pass such other order or orders may deem fit and proper in the circumstances of the case...”
- The grievance of petitioners, as seen from the affidavit,is that the petitioners purchased plots in Sy.No.364/6 of Rameswaram Grama Panchayat, Pedapudi Mandal, East Godavari District. Petitioner No.4 purchased agriculturallandof an extent of Ac.1.52 cents in Sy.No.327 and Ac.0.12 cents in Sy.No.329/5. Plots of the petitioner. Nos.l to 3 and land of petitioner No.4 is divided by pathway situated in Sy.No.332.Two burial grounds existed in the village in'Sy.Nos.384 and 385 by the side of West Yeleru Drainage. A resolution was passed by the Gram Panchayat, allotting Ac.0.36 cents in Sy.No. 103 for the purpose of burial ground. Aggrieved by the said resolution, W.P.No.9441 of 2017 was filed and interim order was granted on 17.03.2017. Two resolutions were passed on 17.04.2019 85 26.07.2019, allotting Ac.0.35 cents in Sy.No.332 of Rameswaram Gram Panchayat for burial ground. The Deputy Inspector of Survey sub-divided the land in Sy.No.332 and
Page 3 of 6
SRS,J W.P.No.1672 of 2020
allotted Sy.No.332/2 for an extent of Ac.0.35 centsasburial ground. The Tahsildar of^Pedapudi Mandal addressedaletter vide reference No.B/78/2019, dated 06.08.2019 seeking permission to grant necessary permission for utilization of Ac.0.35 cents in Sy.No.332/2 for the purpose of burial ground. The District Collector, East Godavari, by proceedings in eFile NO.260394/2019-A3, dated 19.10.2019 issued orders converting Ac.0.35 cents in Sy.No.332 of Rameswaram Village from ‘cart track’ to “burial ground’. With the above allegations,theabove writ petition is filed. ;
- Counter affidavit was filed on behalf of respondentNo.6. It was contended, inter-alia, that villagers represented for construction of burial ground in the village. Initially, land in Sy.No. 103 of Rameswaram Village was identified for construction of burial ground. Aggrieved by the same. W.P.No.9441 of 2017 was filed and interim order was passed therein. Since, the need for a burial ground was persisting,the Gram Panchayat identified Ac.0.35 cents in Sy.No.332 for construction of burial ground. Resolution No.4 dated 17.04.2019 was passed to conduct Grama Sabha. GramaSabha was conducted, and resolution was communicated to the Tahsildar. The Tahsildar, in turn, addressed lettertoDPO vide
.u.-
v.'i
Page 4 of 6
SRSJ W.P.No.1672 of 2020
proceedings No.B/78/2019, dated 06.08.2019, indicating the change of classification of land. The District Collector permitted to change the land use vide proceedings dated 19.10.2019. Construction of burial ground was completed in Sy.No.332/2 i n accordance with the proceedings of the Tahsildar dated 06.08.2019. The road, existing, abutting/adjacent to burial ground is not obstructed. Eventually, prayed to dismiss the writ petition.
- Heard Sri M.Sohail, learned counsel representing Sri Syed Kaleemulla, learned counsel for the petitioners and learned Government Pleader for Panchayat Raj appearing for respondent Nos.l to 3 and learned Government Pleader for Revenue appearing for respondent Nos.4 & ,5 and Ms.Rosegifty,learned counsel representing Sri N.Srihari, learned Standing Counsel appearing for respondent No.6.
Page 5 of 6
SRS, J W.P.No.1672 of 2020
- A perusal of material available on record, the resolution was passed, in the interest of villagers and, in fact. Gram Sabha was conducted and the same was communicated to the Tahsildar, identifying Ac.0.35 cents in Sy.No.332 for construction of burial ground. In fact, as seen from the averments in the counter affidavit that the District Collector passed orders uide efile No.260394/2019-A3, dated 19.10.2019, whereby the land use was changed. Later Sy.No.332 was sub divided, Ac.0.35 cents earmarked in Sy.No.332/2 and burial ground was constructed, Since, the authorities followed the procedure prescribed and construction of burial ground is to the benefit of public in the village, this Court does not find any merits in the writ, petition and the writ petition is liable to be dismissed.
- Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
As a sequel,, pending iniscellaneous petitions, if any, shall stand dismissed. _
To,
//TRUE COPY//
SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR SECTI^N^FICER
MBT
‘ -»
HIGH COURT
DATED:08/02/2024 -■ \
ORDER
AND/f^
5 0 2 AUfi 202'! 69.
^ Current Section ^ ^
WP.No.1672 Of 2020
DISMISSING THE W.P
WITHOUT COSTS
1 issue framed by the court
Whether the allotment of land and conversion of cart track to burial ground by the Revenue authorities was illegal, arbitrary, and in violation of natural justice?
3 provisions across 3 enactments
Challa Venkata Phani Kumar
Boorlu Raj Kumar
Boorlu Ravi Kumar
Mernedy Lovachakra Laskhmi
State of Andhra Pradesh
District Collector, Kakinada
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
