Disposed¶33

Japal Gram Panchayat v. The State of Telangana

Telangana HC4 Aug 2025WP/40679/2015

Case brief

AI extract

What is this about?

easement certificate; burial ground; gram panchayat; Veerashaiva Lingayat Community; Survey No.12 Japal Village; Manchal Mandal; Ranga Reddy; Tahsildar report Lr.No.913/2012 dated 05.02.2013; District Collector inaction; Article 226 mandamus; writ disposed with liberty to seek remedy under law; no procedure for easement certificate by revenue authorities; civil court remedy for easement rights; no costs; Telangana High Court 2025.

What did the court decide?

Liberty to the petitioner to seek appropriate remedy as available under law; no order as to costs; miscellaneous applications closed. ¶33

Japal Gram Panchayat Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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[^32ss ]

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IN THE HIGH^{COURTFORTHE STATE OF TELANGANA} AT HYDERABAD (SPeciat Original^{Jurisdiction)}

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MONDAY,THE^{FOURTH DAY OF AUGUST} TWO THOUSAND^{AND TWENWFIVE}

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PRESENT

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THE HONOURABLE^{SRI JUSTTCE N.V.SHRAVAN KUMAR}

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WRIT PETITI^{ON NO:40679 0F 2{15}

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Between:

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Jaoal Gram Panchayat,^{tvlanchal Mandal, Ranga.ReddyDistrict'rep by its} eiJJila-5"i'pi""n^{p.fuilaraj, S/o Yadaiah' aged about 24 vears'}

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AND

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1 The State of^{Telangana,rep- by its Principal Secretary' Revenue Departrnent'} Secretariat Buildings,^Hyderabad

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2 fi ;' Di;i*t^{-C;i tec[o r' R'ang a Redd v Diskict at Lakd ikapool'} 3 i# i;;iil;t,^{Niinchat tr/inaal, Rinsa ReddvDistrict'}

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...RESPONDENTS

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Petition under^{Article 226 of the Constitutionof lndia praying that in the} circumstances^{stated in the affidavit filed therewith'the HighCourt may be} pleased to issue an^{appropriate writ, order or direction'more in the nature of Writ} of Mandamus,^{declaringthe actionof the respondent No'2 in not takingany} action for^{grant of Easementary certificateto the petitioner in pursuance to the} report submitted^{by the 3rd respondent on'5'2-2013 in his Lr'No 91312012 'for lhe} landtoanextentofAc.o-20gts.,lNSy.No-l2whichisbeingusedasaburial ground by the^{VeerashaivaLingayat Communitypeople for the past more than} 20O years^{as per the panchanama enclosedto the said proceedingsof the3rd} respondent^{as being illegal, arbitrary and is in violatlonof principlesof natural} justice and fair play and^{consequentlydirect the respondents2 and 3 hereinto} grant Easement^{Certificate forthwith'}

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MP. NO : 52526 OF 2015)

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l.A. NO: 1 0F 2015

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Petition under Section 151 CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to issue the Easement certificate to the petitioner Gram panchayat for the rand to an extent of 0-20 gts. ln Sy. No.1 2 of Japal Village which is being used as the burial ground by the Veerashaiva Lingayat Community people for the past 200 years in the light of the report of the 3'd respondent in Lr.No.913/2012, dated 5.2.2013 forthwith, pending disposat of the above W.p

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Counsel for the Petitioner: SRl. K. RATHANGA pANt REDDY

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Counsel forthe Respondents: Gp FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N./.SHRAVAN^KUMAR

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WRIT PEf,ITION No.4O679 of^2OLS

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ORDER:

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This Writ Petition is liled^{questioningthe actionof} respondent No.2 in not taking any^{action forgrant of} Easementar5l Certihcate to the^{petitionerin pursuance to the} report submitted by responclent No.3^{on 05.02.2013inhis} Lr.No.913/2012 for the land to an extent^{of Ac-O-20guntas in} Survey No.12, Japal Gram Panchayat,^{ManchalManCal'} Rangareddy District, which is being used^{as a burialgroundby} the Veerashaiva Lingayat Community^{people for the past more} than 20O years, as per the panchanama^{enclosedto the said} proceedings of respondent No.3. A consequential^{prayer is made} to direct respondent Nos.2 and 3lor^{graat oi Basementary} Certificate.

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The brief facts stated in the^{Writ Petition are that the} petitioner is Japal Gram Panchayat, Manchal^Mandal, Rangareddy District representing by its^{electedSarpanch' The} petitioner submits that in their village,^{there are people} belonging to Veerashaiva Lingayat Comrnunity^{and they have} been burying the ciead bociies itr Sun'ey^{No.12 of thcir villageto} an extent ol Ac.O-20 gr.tntas. There are^{numberof graveyards}

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)

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existing in the said piece o[ land admeasuring Ac.O_20 guntas and Easementary right of Veerashaiva Lingayat Community people has been recognized by the Gram panchayat and communitv at large. Some third parties has purchased the ra,d and now .bjecting for burying the dead bodies. The Gram Panchayat along with entire people residing in that area had represented to the respondents and pursuing the same, the respondent No.2 _ District Collector directed respondent No.3 _ Tahsildar to submit a report. The Tahsildar _ respondent No.3 submitted a report on OS.02.2013 uide Lr.No.913/20 12 clearly narrating that the land admeasuring Ac.O_20 guntas in Survey No.12 has been used for burial ground by the Veerashaiva Lingayat Cornmunity along with pathway to reai:h graveyard ald also conlirmed that it has been existing for the rrast 2O0 yards.

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[t is lurther submitted that the matter is pending before respondent No.2 _ The District Collector for consideration for both i.e. for issuance of Easement certificate as rr,elr as directing the Tahsildar to acquire the said piece of larlcl. Though, the Tahsildar s,bmitted a report u,ay back on 05.02.2O13, .o action has been taken ar-td whenever any person in the said Community dies, it is crearti.g law and ordcr probiem in the r-illage and third partres, rvho tiacl purchased the said land are objr:cting lor burial of the cleacl bodies. As such, the petitioners soLleht lor issuance

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of Easement^{Certihcate. As the said Eascment Certificatehas} not been issued tilt^{date,the present Writ Petitionis hled'}

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4 Heard learned^{AssistantGovernmentPleader for Revenue'}

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karned Assistant^{Government Pleader forRevenue} submits that^{there is no procedure conternplatedfor issuance of} EasementCertiFrcateandthatonlyaCivilCourtcal1grant Easementar5r^{Certiftcate on a suit filed for easement rights' It is} only the Civil^{Court, which can pass such orders and the} respondent^{Authoriti'es carnot grant such certificate'}

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To that extent,^{no submissions were madeby the learned} counsel for the Petitioner.

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7 . With the above^{observations, the Writ Petitionis disposed} of granting liberty^{to the petitioner to seek appropriate remedy as} available under^lanv.

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B. Accordingly,^{the Writ Petitionis disposed of' There shall be} no order as to^costs

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pending in this As a sequel,^{miscellaneous applications} petition, if any, shall^{stand closed'}

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DF B. REKHA^RANI ANT REGISTRAR ECTION OFFICER

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//TRUE COPY//

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To,

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