Two Writ Petitions regarding encroachment on government land and burial of a dead body were dismissed. The court held that the first petitioner lacked standing, and the second failed to substantiate his claim of caretaker status with documents.
Both Writ Petitions are dismissed. No order as to costs. Pending miscellaneous applications stand closed.
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.
[3168 I
IN THE HIGH COURTFOR THE STATEOF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
FRIDAY, THE FOURTHDAY OF OCTOBER TWO THOUSANDAND TWENTY FOUR
PRESENT
THE HONOURABLESRI JUSTICE K.LAKSHMAN
WRIT PETITIONNO: 20865 & 13328 0F 2024
W.P.No.20865 OF 2024
Between:
Aredla Naravana Reddv,S/o. GopiReddy,Aged about 48 Years' Occu Business. Fii;-N";i11;6;damvrllale. ttampdtlv mandal, Nalgonda district
..PETITIONER
AND
...RESPONDENTS
Petition underArticle 226 of lhe constitutionof lndia prayingthat in the circumstances statedin the affidavitfiledtherewith, the High court maybe pleased to issue a writor order or direction more particularlyone in the nature of writ of Mandamusdeclaringthe action of the Respondent No.4 in not takingany actionagainSttheunofficialRespondentNo.6forillegallytresspassingintothe Governmentland in Survey No. 599 to an extentAc'O-12 guntas situatedat Nemallagudemvillage,Nampallymandal'Nalgondadistrictandforciblyburrying
the dead body is illegal, consequently. directing the Respondent No.4 to exhumate the dead body illegatly and forcibly burried in survey No 599 extent Ac.0-12 guntas, situated at Nemallagudem village, Nampally mandal, Nalgonda district and to burry the same in the existing Muslim Grave yard in survey No.597 situated at Nemallagudem village, Nampally mandal, Nalgonda district.
lA NO: 1 OF 2024
Petition under Section 15'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No.4 to take action forthwith on the representation dated 12-7-2024 and 23-7-2024 submitted by the petitioner for removal of dead body from the Survey No. 599.
Counsel for the Petitioner : M/s.plLLlX LAW FIRM
Counsel for the Respondents No..lto4 : ASST. Gp FOR REVENUE
Counsel for the Respondent No.S : Gp FOR HOME
Counsel for the Respondents No.6 :
W.P.No.13328 OF 2024
Between:
shaik Khader, s/o Khadim, Age 45 years. occ Daily wager. Nemallaqudem Village. Paddapur. Nampalty Mandal. Nalgorida District, Teldngan"a State
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or Order or Direction more particularly one in the nature of WRIT OF f\iIANDAMUS declaring the action of the Respondents interfering with the land in Sy.No.597 admeasuring Ac.2.00 guntas and Sy No 599 admeasuring 4c.0.12 guntas, situated at Nemallagudem Village, Paddapur, Nampaliy Mandal, Nalgonda District, belongs to Muslim Graveyard and Eidgah, without issuing any Notice and without following any due process of law is illegal, arbitrary in violation of principles of naturaljustice and in violation of Articles 14 and 21 of the Constitution of lndia and also against the equity and consequently direct the Respondents not to interfere into the land in Sy.No.597 admeasuring Ac.2.00 guntas and Sy.No.599 admeasuring Ac.O.12 guntas, situated at Nemallagudem Village, Paddapur, Nampally Mandal, Nalgonda District, belongs to Muslim Graveyard and Eidgah.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to interfere into the land in Sy.No.597 admeasuring Ac.2.00 guntas and Sy.No.599 admeasuring Ac.O.12 guntas, situated at Nemallagudem Village, Paddapur, Nampally Mandal, Nalgonda District, belongs to Muslim Graveyard and Eidgah.
lA NO: 2 OF 2024
Between:
AND
... RESPONDENTS/RESPONDENTS
Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim orders dated: 09.os.2024 granted in lA. No. 1 of 2024 in w.p.No.13328 of 2024 and also dismiss the Writ petition.
Counsel for the Petitioner : SRI M.A.H.AMZAD
Counsel for the Respondenb No.lto4 : ASST. Gp FOR REVENUE
Counsel for the Respondents No.S :
The Court made the fottowing: COMMON ORDER
TIIE HON'I]LE SRI JUSTICE K. LAKSHMAN WRIT PETITIO N Nos.20865 and 13328 of2024
COMMON ORDER:
W.P.No.20865 of2024
The petitioner herein is thehusband ofex-sarpanch, Nemallagudem Vittage, NampallyMandal, Nalgonda District.Hehas filed the present Writ Petition todeclare the actionof respondent No.4 in not taking any action againstrespondent No.6 for illegally trespassing into the Covernmentlandadmeasuring Ac.0.l2gts., in Sy.No.599, situated atNemallagudem Village, NampallyMandal, Nalgonda District, lorforciblyburyingthe dead body,as illegal and for a consequential directionto respondentNo.4to exhumate the dead body illegally and fbrciblyburied in land admeasuring Ac.O'12 gts., in Sy.No.599, situated atNemallagudem Village, NampallyMandal, Nalgonda District.Accordingto the petitioner, the Govemmenthas allotted land admeasuringAc.0.l2 gts., in Sy.No.599 for construction of Covernment building,in which, respondentNo.6 is buryingdead bodies in the said land.Therefore,the petitionerhas submitted written representations dated12.07.2024 and 23.07.2024 with respondent No.4 with a request totake action against respondentNo.6.Despite
2
receiving and acknowledging the said complaint, respondent No.4 did not take any action. Aggrieved by the said inaction of respondent No.4, the petitioner filed this Writ petition.
W.P.No.l 3328 of 2024
The petitioner herein filed this Writ petition to declare the action of respondents in interfering with the land admeasuring Ac.2.00 gts., in Sy.No.597 and Ac.0. l2 gts., in Sy.No.599, situated at Nemallagudem Village, paddapur, Nampally Mandal, Nalgonda District, which belongs ro Muslim Graveyard and Eidgah, without issuing any notice and without following due procedure laid down under law, as illegal and arbitrary.
FTNDINGS
In the light of the specific aflegarions, rhis court directed learned Assistant Government pleader for Revenue to get specific instructions. On instructions, he would submit that the total land in Sy.No.597 of Nemallagudem Village is Ac.g.l3 gts., and it is Govemment land. Land admeasuring Ac.2.00 gts., is used for graveyard by the villagers. T.he Govemment never allotted the said land for the purpose ofgrave yard. people arc using it. The totat land
admeasuring in Sy.No.599is Ac.4.tlgts., out of which Ac.O.l2gts., of land is allotted for Grampanchayatbuilding.
In the light ol the said submissions,the petitioner in W.P.No.20865 of 2024, beinghusband ofex-husbandcannot file the said wtit petition. It is theGrampanchayat, representedby the Panchayat Secretary, to filethe said writ petitionlor the purposeof protecting the land allotted forconstruction of Grampanchayat building. Thereflore,W.P.No.20865 of 2024 is liabte to be dismissed and is accordingly dismissed.
As discussed supra, thepetitioner in W.P.No. 13328 of 2024 is claiming that he is thecaretaker of land covered with Muslirn Graveyard and Eidgah,in Sy.No.597, tand admeasuringAc.2.00gts., and Sy.No.599, landadmeasuringAc.O' l2gts., situatedat Nemallagudem Viltage,Paddapur,Nampally Mandal,Nalgonda District. He has notfiledany document in supportof his contention' According to him, thesaid land was allotted by the Govemmentfor the purpose of MuslimGraveyard and Eid gah. The villagers are burying the dead bodiesin the said land. Accordingto respondent No.4-Tahsildar, thevitlagers of NemallagudamVillage are using Ac.2.00 gts., of land inSy.No.597 for the purpose of grave yard' The
!rt--
4
said land was not allotted lor the purpose of grave yard by the Government. Therefore, he cannot file the present writ petition to declare the action of respondent No.4 in not taking action. Accordingly, this Writ Petition is also liable to be dismissed and is accordingly dismissed.
RESULT
Both the Writ Petitions are dismissed. There shatl be no order as
to costs.
As a sequel thereto, pending miscellaneous applications, if any,
shall stand closed.
SDI. K. AilTMAJI ASSTSTANTPEGISTRAR //TRUE COPY//
SECifION OFFICER
To,
BSK LS dlL
HIGH COURT
DATED:04/1012024
oR 1 H E s t,1 re
o^
oo
1 0 JIt{ M
*
a
PA T H eo
COMMON ORDER
WP.No.20865 of 2024
DISMISSING THE WRIT PETITIONS WTHOUT COSTS
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2 issues framed by the court
Whether the petitioner in W.P.No.20865 of 2024, who is the husband of the ex-sarpanch, is the appropriate person to file a public interest litigation regarding government land.
Whether the petitioner in W.P.No.13328 of 2024, claiming to be a caretaker of the graveyard land, has filed sufficient documentary evidence to support his claim.
Aredla Naravana Reddv
The State of Telangana
The District Collector
Revenue Divisional Officer
The Tahsildar
Shaik Khader
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
