Dismissed

Aredla Narayana Reddy v. The State of Telangana

Telangana HC4 Oct 2024WP/20865/2024

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed two writ petitions challenging illegal burial of a dead body in government land and alleged infringement of graveyard rights. The court held the first petitioner was not the proper party and the second lacked documentary proof of land ownership. Both petitions were dismissed.

What did the court decide?

W.P. Nos. 20865 and 13328 of 2024 dismissed. No order as to costs. Pending miscellaneous applications stayed.

Aredla Narayana Reddy Vs The State of Telangana — Bail and Remand | Telangana HC (2024)

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[³¹⁶⁸ I

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IN THE HIGH COURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

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FRIDAY, THE FOURTH^{DAY OF OCTOBER} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE K.LAKSHMAN}

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WRIT PETITION^{NO: 20865 & 13328 0F 2024}

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W.P.No.20865 OF 2024

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Between:

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Aredla Naravana Reddv,^{S/o. GopiReddy,Aged about 48 Years' Occu} Business. Fii;-N";i11;6;dam^{vrllale. ttampdtlv mandal, Nalgonda district}

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..PETITIONER

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AND

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I The State of Telanqana,^{Repby its Principal Secretary Revenue Department'} Secretariat Buildings.^{Saifabad Hyderbad'}

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2 The District Collector.^{NalgondaDistrict.}

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3 Revenue Divisional^{Officer, Chandur, Nalgonda district}

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4 The Tahsildar, Nampally^{Mandal, NalgondaDistrict,} The Station House^{Officer' Police Station, Nampally, Nalgonda district}

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b Shaik Khader,^{Sio. Khadim, aged about 45 years'Occu Daily Wager} il.lrrrllgrd;^{v:ilirg" Fedba"prr, Nam pally' mandal, Nalgonda district'} Telangana slate

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...RESPONDENTS

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Petition under^{Article 226 of lhe constitutionof lndia prayingthat in the} circumstances stated^{in the affidavitfiledtherewith, the High court maybe} pleased to issue a writ^{or order or direction more particularlyone in the nature of} writ of Mandamus^{declaringthe action of the Respondent No.4 in not takingany} actionagainSttheunofficialRespondentNo.6forillegallytresspassingintothe Government^{land in Survey No. 599 to an extentAc'O-12 guntas situatedat} Nemallagudemvillage,Nampallymandal'Nalgondadistrictandforciblyburrying

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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.

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lA NO: 1 OF 2024

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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.

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Counsel for the Petitioner : M/s.plLLlX LAW FIRM

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Counsel for the Respondents No..lto4 : ASST. Gp FOR REVENUE

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Counsel for the Respondent No.S : Gp FOR HOME

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Counsel for the Respondents No.6 :

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W.P.No.13328 OF 2024

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Between:

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shaik Khader, s/o Khadim, Age 45 years. occ Daily wager. Nemallaqudem Village. Paddapur. Nampalty Mandal. Nalgorida District, Teldngan"a State

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...PETITIONER

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AND

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1 Jle^{Slatg of Telangana. Rep by rts principal Secretary,Revenue Department,} Secretariat Buildings Hyderabad

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2 The District Collector, Nalgonda District, Telangana State

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.t The Revenue Drvisional Officer, Devarakonda Division, Nalgonda District, Telangana State

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4 The Tahsildar, Nampally Mandal, Nalgonda District, Telangana State ( Nemallagulem Grampanchayat, Rep by its Secretary, Nampally Mandal. Nalgonda District. Telangana State

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...RESPONDENTS

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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 natural^justice 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.

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lA NO: 1 OF 2024

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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.

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lA NO: 2 OF 2024

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Between:

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The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretarlat Buildings Hyderabad

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The Diskict Collector, Nalgonda District, Telangana State

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The Revenue Divisional Officer, Devarakonda Drvision, Nalgonda District, Telangana State

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The Tahsildar, Nampally Mandal, Nalgonda District, Telangana State

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,..PETITIONERS/RESPONDENTS

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AND

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Shaik Khader, S/o Khadim, Age 45 years, Occ Daity Waqer, Nemallaqudem Village, Paddapur, Nampally Mandal,'Nalgonda District, Teiangana Staie

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Nemattag udem Gram.pa nchayat, Rep o, o. .";;:,::;iffiil;:::tf "^=- Nalgonda District, Telangana'State'

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... RESPONDENTS/RESPONDENTS

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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.

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Counsel for the Petitioner : SRI M.A.H.AMZAD

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Counsel for the Respondenb No.lto4 : ASST. Gp FOR REVENUE

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Counsel for the Respondents No.S :

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The Court made the fottowing: COMMON ORDER

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TIIE HON'I]LE SRI JUSTICE K. LAKSHMAN WRIT PETITIO N Nos.20865 and 13328 of2024

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COMMON ORDER:

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W.P.No.20865 of2024

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The petitioner herein is the^husband of^ex-sarpanch, Nemallagudem Vittage, Nampally^{Mandal, Nalgonda District.Hehas} filed the present Writ Petition to^{declare the actionof respondent No.4} in not taking any action against^{respondent No.6 for illegally} trespassing into the Covernment^{landadmeasuring Ac.0.l2gts., in} Sy.No.599, situated at^{Nemallagudem Village, NampallyMandal,} Nalgonda District, lor^{forciblyburyingthe dead body,as illegal and} for a consequential direction^{to respondentNo.4to exhumate the dead} body illegally and fbrcibly^{buried in land admeasuring Ac.O'12 gts., in} Sy.No.599, situated at^{Nemallagudem Village, NampallyMandal,} Nalgonda District.^{Accordingto the petitioner, the Govemmenthas} allotted land admeasuring^{Ac.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 dated^{12.07.2024 and 23.07.2024 with respondent} No.4 with a request to^{take action against respondentNo.6.Despite}

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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.

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W.P.No.l 3328 of 2024

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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.

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FTNDINGS

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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

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admeasuring in Sy.No.599^is Ac.4.tl^{gts., out of which Ac.O.l2gts.,} of land is allotted for Grampanchayat^building.

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In the light ol the said submissions,^{the petitioner in} W.P.No.20865 of 2024, being^husband of^{ex-husbandcannot file the} said wtit petition. It is the^{Grampanchayat, representedby the} Panchayat Secretary, to file^{the said writ petitionlor the purposeof} protecting the land allotted for^{construction of Grampanchayat} building. Thereflore,^{W.P.No.20865 of 2024 is liabte to be dismissed} and is accordingly dismissed.

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As discussed supra, the^{petitioner in W.P.No. 13328 of 2024 is} claiming that he is the^{caretaker of land covered with Muslirn} Graveyard and Eid^{gah,in Sy.No.597, tand admeasuringAc.2.00gts.,} and Sy.No.599, land^{admeasuringAc.O' l2gts., situatedat} Nemallagudem Viltage,^{Paddapur,Nampally Mandal,Nalgonda} District. He has not^{filedany document in supportof his contention'} According to him, the^{said land was allotted by the Govemmentfor} the purpose of Muslim^{Graveyard and Eid gah. The villagers are} burying the dead bodies^{in the said land. Accordingto respondent} No.4-Tahsildar, the^{vitlagers of NemallagudamVillage are using} Ac.2.00 gts., of land in^{Sy.No.597 for the purpose of grave yard' The}

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!rt--

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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.

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RESULT

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Both the Writ Petitions are dismissed. There shatl be no order as

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to costs.

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As a sequel thereto, pending miscellaneous applications, if any,

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shall stand closed.

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SDI. K. AilTMAJI ASSTSTANTPEGISTRAR //TRUE COPY//

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SECifION OFFICER

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To,

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,| One CC to M/s.PlLLlX LAW^{FIRM,Advocate.} [OPUC] 2 One CC to SRI M.A.H.AMZAD,^Advocate. [OPUC] 3 Two CCs to GP FOR REVENUE,^{High Court for the State of Telangana'} [OUTI

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4 Two CCs to GP FOR HOME,^{High Court for the Stateof Telangana at} Hyderabad. [OUT]

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5 Two CD Copies.

BSK LS dlL

HIGH COURT

DATED:04/1012024

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COMMON ORDER

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WP.No.20865 of 2024

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DISMISSING THE WRIT PETITIONS WTHOUT COSTS

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Aredla Narayana Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Aredla Narayana Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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