APHC010169452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8752 OF 2025 Between: Aged about 42 years, Occ;; K.Gangavaram Kurati Eswara Rao, s/o. late Vadapalli, R/o. Masakapalli Sivar, Batlapalika Village agriculture Mandal, Dr.B.R.Ambedkar Konaseema District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Govt. Home Department, A.P. Secretariat Velagapudi, Amaravathi, Guntur District Andhra Pradesh - 522 237 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Govt. Revenue Department, A.P. Secretariat Velagapudi, Amaravathi, Guntur District Andhra Pradesh - 522 237 3. The Collector and District Magistrate, Dr.B.R.Ambedkar Konaseema District (East Godavari District) Amalapuiam Andhra Pradesh - 533 201 4. The Superintendent of Police, Dr.B.R.Ambedkar Konaseema District (East Godavari District) Amalapuram Andhra Pradesh - 533 201 5. The Engineer-ln-Chief(l), Water Resources Department, Dowlaiswaram. Cotton Peta, Government of Andhra Pradesh, SACB Compound Dhavaleswaram, Rajamahendravaram, Andhra Pradesh - 533 126 Dr.B.R.Ambedkar 6. The Tahsildar, Pamarru K.Gangavaram Mandal, Konaseema District Andhra Pradesh - 533 284 f 7. The Station House Officer, Pamarru P.S. K.Gangavaram Mandal Dr.B.R.Ambedkar Konaseema District Andhra Pradesh - 533 284 Aged about 40 8. Allampally Raj Kumar, s/o. Allampally Bheemudu years, Occ; Auto Driver, R/o. Rao Doddipeta, Masakapally Sivar, 9. Allampally Bheemudu, s/o Allampally Arjun Rao Aged about 62 years, Occ; Agriculture Labor K.Gangavaram Mandal, Dr.B.R.Ambedkar Konaseema District Andhra R/o. Rao Doddipeta,MasakapallySivar, Pradesh - 533 284 Allampally Daveedu, s/o. not known to petitioner Aged about 61 years, Occ; Agriculture Labor, R/o. Rao Doddipeta, Masakapally Sivar, K.Gangavaram Mandal, Dr.B.R.Ambedkar Konaseema District Andhra Pradesh - 533 284 10. Mortha Chander Rao, s/o Surya Rao, Aged about 35 years, Occ; R/o. Rao Doddipeta, Masakapally Sivar, 11. Agriculture Labor K.Gangavaram Mandal, Dr.B.R.Ambedkar Konaseema District Andhra Pradesh - 533 284 Paamu Venkatramana, s/o. not known to petitioner Aged about 36 years, Occ; Agriculture Labor, R/o. Rao Doddipeta, Masakapally Sivar, K.Gangavaram Mandal, Dr.B.R.Ambedkar Konaseema District Andhra Pradesh - 533 284 Kurati Veeranna, s/o. not known to petitioner Aged about 62 years, Occ; Agriculture Labor, R/o. Rao Doddipeta, Masakapally Sivar, K.Gangavaram Mandal, Dr.B.R.Ambedkar Konaseema District Andhra Pradesh - 533 284 12. 13. Kurati Srinu, s/o. Pedda Vaddepally Aged about 35 years, Occ; R/o. Rao Doddipeta, Masakapally Sivar, 14. Agriculture Labor, K.Gangavaram Mandal, Dr.B.R.Ambedkar Konaseema District Andhra Pradesh - 533 284 Allampally Sathyam, s/o. not Imown to petitioner Aged about 65 years, Occ; Agriculture Labor, R/o. Rao Doddipeta, Masakapally Sivar, 15. Dr.B.R.Ambedkar Konaseema District Andhra K.Gangavaram Mandal Pradesh - 533 284 Beera Peda Appa Rao, s/o. Vadapalli, Aged about 62 years, 16. Agriculture Labour R/o.Serilanka Village, K.Gangavaram Mandal, Occ; Dr.B.R.Ambedkar Konaseema District Andhra Pradesh - 533 220 ...Respondents under Article 226 of the Constitution of India is filedpraying that Petition the circumstances stated in the affidavit fiied therewith, the High Court may in direction, more particularly one in the be pleased to issue a writ, order or of Writ of Mandamus declaring the action of respondent No.7/SHO, nature Pamarru P.S. in not taking any action on the representation of the petitioner and not registering the FIR against the Unofficial dated 22.03.2025 Respondents 8 to 16 and not allowing the petitioner and the villagers of Uppuvaripeta, Kothabatlapalika, Merkapulam, Dongalagudem Pathabatlapalika villages into Batlapalika grave yard situated under the limits Batlapalika Gram Panchayat belonging to the communities of OC, BC, SC (Mala), Madiga, Beda Budagajangam Scheduled Caste to perform the also the action of 5^^ Respondent/Engineer in Chief (I), of cremation rites and Water Resources Department in not removing the illegal structures, barbed wire fencing etc., erected by the Unofficial Respondents 8 to 16 at Batlapalika Yard situated under (he limitS'''"6f Batlapalika gram Panchayat as Grave arbitrary, illegal, unconstitutional, against the principles of natural justice. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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/SHO, Pamanm P.S. forthwith to register Unofficial Respondents 8 to 16 on the representation of a FIR against the petitioner dated 22.03.2025, pending ^posal of the above writ petition. lA NO: 2 OF 2025 is filed praying that in the Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Respondent/Engineer in Chief (I) th Court may be pleased to direct the 5 Water Resources Department to remove the illegal structures, barbed wire fencing etc., erected by the Unofficial Respondents 8 to 16 at Batlapalika Grave Yard situated under the limits of Batlapalika gram Panchayat, pending disposal of the above writ petition. Counsel for the Petitioner:SRI MANTAPAMPALLE RAMPRASAD Counsel for the Respondent No’s. 1,4 & 7: GP FOR HOME Counsel for the Respondent No’s. 2, 3 & 6:GP FOR REVENUE Counsel for the Respondent No.5:GP FOR IRRIGATION AND CAD Counsel for the Respondent No’s. 8 to 16: --- The Court made the following order: APHC010169452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3396] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8752/2025 Between: 1.KURATI ESWARA RAO, S/0. LATE VADAPALLI, AGED ABOUT 42 AGRICULTURE VILLAGE, R/0. MASAKAPALLI SIVAR, K.GANGAVARAM MANUAL, YEARS, OCC BATLAPALIKA DR.B.R.AMBEDKAR KONASEEMA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVT. SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH - 522 237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVT. REVENUE DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH - 522 237 COLLECTOR AND DISTRICT MAGISTRATE, HOME DEPARTMENT, A.P. 3. THE DR.B.R.AMBEDKAR KONASEEMA DISTRICT (EAST GODAVARI DISTRICT) AMALAPURAM ANDHRA PRADESH - 533 201 4. THE SUPERINTENDENT OF POLICE KONASEEMA DISTRICT AMALAPURAM ANDHRA PRADESH - 533 201 5 THE ENGINEERLNCHIEF I, WATER RESOURCES DEPARTMENT, DOWLAISWARAM. GOVERNMENT OF ANDHRA PRADESH, SACB PETA, RAJAMAHENDRAVARAM, ANDHRA PRADESH - 533 126 6 THE TAHSILDAR, PAMARRU K.GANGAVARAM MANUAL, DR B R AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH - DR.B.R.AMBEDKAR (EAST GODAVARI DISTRICT) DHAVALESWARAM, COTTON COMPOUND, 533 284 7. THE STATION HOUSE OFFICER, PAMARRU P.S. K.GANGAVARAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH - 533 284 8. ALLAMPALLY RAJ KUMAR, S/O. ALLAMPALLY BHEEMUDU, AGED ABOUT 40 YEARS, OCC AUTO DRIVER, R/0. RAO DODDIPETA, MASAKAPALLY SIVAR, 9 ALLAMPALLY BHEEMUDU, S/O ALLAMPALLY ARJUN RAO AGED R/O. RAO K.GANGAVARAM MANDAL. ABOUT 62 YEARS, OCC AGRICULTURE LABOR, DODDIPETA,MASAKAPALLYSIVAR, 2 DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH - 533 284 10.ALLAMPALLY DAVEEDU, S/0. NOT KNOWN TO PETITIONER AGED ABOUT 61 YEARS, OCC AGRICULTURE LABOR, R/0. RAO DODDIPETA, MASAKAPALLY SIVAR, K.GANGAVARAM MANUAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH - 533 284 11.MORTHA CHANDER RAO, S/O SURYA RAO, AGED ABOUT 35 YEARS, OCC AGRICULTURE LABOR R/O. RAO DODDIPETA MASAKAPALLY SIVAR, K.GANGAVARAM MANDAl’ DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH - 533 284 12.PAAMU VENKATRAMANA, S/O. NOT KNOWN TO PETITIONER AGED ABOUT 36 YEARS, OCC AGRICULTURE LABOR, R/O. RAO DODDIPETA, MASAKAPALLY SIVAR, K.GANGAVARAM MANDAL DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH - 533 284 13.KURATI VEERANNA, S/O. NOT KNOWN TO PETITIONER AGED R/O. RAO ABOUT 62 YEARS, OCC AGRICULTURE LABOR DODDIPETA, MASAKAPALLY SIVAR, K.GANGAVARAM MANDAL DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH - 533 284 14.KURATI SRINU, S/O. PEDDA VADDEPALLY YEARS, OCC AGRICULTURE LABOR, MASAKAPALLY AGED ABOUT 35 R/O. RAO DODDIPETA, MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH - 533 284 15.ALLAMPALLY SATHYAM, S/O. NOT IMOWN TO PETITIONER AGED ABOUT 65 YEARS, OCC AGRICULTURE LABOR, R/O. RAO DODDIPETA, MASAKAPALLY SIVAR, K.GANGAVARAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH - 533 284 16.BEERA PEDA APPA RAO, S/O. VADAPALLI, AGED ABOUT 62 YEARS, OCC AGRICULTURE LABOUR R/O.SERILANKA VILLAGE K.GANGAVARAM MANDAL, DISTRICT ANDHRA PRADESH - 533 220 SIVAR, K.GANGAVARAM DR.B.R.AMBEDKAR KONASEEMA ...RESPONDENT(S): Counsel for the Petitioner: 1.MANTAPAMPALLE RAMPRASAD Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.GP FOR IRRI AND CAD The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; a writ order or direction more particularly one In the nature of Writ of Mandamus declaring the action of respondent No 7/SHO Pamarru P S in not taking any action on the representation of the petitioner dated 22.03.2025 and not registering the FIR against the Unofficial Respondents 8 to 16 and not allowing the petitioner and the villagers of Dongalagudem Merkapulam Uppuvaripeta Bothabatlapalika Pathabatlapallka villages into Batlapalika grave yard situated under the limits of Batlapalika Gram Panchayat belonging to the communities of OC BC SC Mala Madiga Beda Budagajangam Scheduled Caste to perform the cremation rites and also the action of 5th Respondent/Engineer in Chief I Water Resources Department in not removing the illegal structures barbed wire fencing etc erected by the Unofficial Respondents 8 to 16 at Batlapalika Grave Yard situated under he limits of Batlapalika gram Panchayat as arbitrary illegal unconstitutional against the principles of natural justice.” / Learned Assistant Government Pleader for Home would submit that they have not received any complaint from the petitioner. Learned Assistant Government Pleader for Revenue, on written instructions, would submit that as per the instructions received from the Tahsildar, K.Gangavaram, there was no such obstruction and the matter was settled between the parties. For ready reference, the written instructions are extracted hereunder; 2. 3. 4. “The Revenue staff and Station House Officer, Pamarru are entered into the field and talked with her son and the villagers and settled the problem and performed her burial on the same side of the bank canal. It is submitted that there are no illegal structures and barbed wire fencing etc in the Bank canal. Some of the villagers are using the Bank canal as cultivate the cattle grass and villagers are using as Burial ground. ” 4 5. Recording the submissions made by the learned Assistant Government Pleader for Revenue, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OPBfeHR To, 1. The Principal Secretary to Govt. Home Department, State of Andhra Pradesh, A.P. Secretariat Velagapudi, Amaravathi, Guntur District Andhra Pradesh - 522 237 2. The Principal Secretary to Govt. Revenue Department, State of Andhra Pradesh, A.P. Secretariat Velagapudi, Amaravathi, Guntur District Andhra Pradesh - 522 237 3. The Collector and District Magistrate, Dr.B.R.Ambedkar Konaseema District (East Godavari District) Amalapuram Andhra Pradesh - 533 201 4. The Superintendent of Police, Dr.B.R.Ambedkar Konaseema District (East Godavari District) Amalapuram Andhra Pradesh - 533 201 Department, 5. The EngineerInChief I, Water Resources Dowlaiswaram. Government of Andhra Pradesh, SACB Compound, Andhra Cotton Peta, Dhavaleswaram, Rajamahendravaram, Pradesh - 533 126 6. The Tahsildar, Pamarru K.Gangavaram Mandal, Dr.B.R.Ambedkar Konaseema District Andhra Pradesh - 533 284 7. The Station House Officer, Pamarru P.S. K.Gangavaram Mandal, Dr.B.R.Ambedkar Konaseema District Andhra Pradesh - 533 284 SRI. MANTAPAMPALLE RAMPRASAD, Advocate 8. One CC to [OPUC] 9. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh 10. [OUT] 5 % 11. Two CGs to GP FOR IRRIGATION AND CAD, High Court of Andhra Pradesh [OUT] 12. Three CD Copies 'r PRK « HIGH COURT DATED:31/07/2025 ORDER WP NO. 8752 OF 2025 X 11 SEP 2025 ^ Current section ^ m O DISPOSING OF THE WP, WITHOUT COSTS