1 APHC010329812020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21847/2020 Between: 1. PEMPAKAMUDARULA SANKSHEMA SANGHAM,, REGD. NO.137/2014, REP. BY ITS SECRETARY, V. RAMANA, S/O.VELAMALA, AGED 40 YEARS, OCC CULTIVATION, R/O. RAMASWAMY PETA, VEPADA MANDAL, VIZIANAGARAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT AT VIZIANAGARAM. 3. THE DISTRICT PANCHAYAT OFFICER, VIZIANAGARAM DISTRICT, VIZIANAGARAM 4. THE TAHSILDAR, VEPADA MANDAL, VIZIANAGARAM 2 DISTRICT. 5. RAMASWAMY PETA GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, RAMASWAMY PETA , VEPADA MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT(S): 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 a appropriate Writ Order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents in taking up the construction of Government Offices in Sy.No.39-10 to an extent of Ac.1.25 cts. classified as Burial Ground of Ramaswamy Peta village as arbitrary and violation of Article 14 of the Constitution of India consequently restrain the Respondents from taking up the construction in Sy.No.39-10 to an extent of Ac.1.25 cts. classified as Burial Ground, and pass Counsel for the Petitioner: 1. B SESIBUSHAN RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 3 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.21847 of 2020 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following reliefs: “to issue a appropriate Writ Order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents in taking up the construction of Government Offices in Sy.No.39-10 to an extent of Ac.1.25 cents classified as Burial Ground of Ramaswamy Peta Village as arbitrary and violation of Article 14 of the Constitution of India consequently restrain the Respondents from taking up the construction in Sy.no.39-10 to an extent of Ac.1.25 cents classified as Burial Ground, and pass such other order or orders” 2. Heard learned counsel for the petitioner, learned Standing Counsel for Respondent No.5 – Gram Panchayat and perused the material placed on record. 3. Learned counsel for the petitioner submits that the respondents are taking steps for construction of Government Offices like Grama Sachivalayam, Rythu Barosa Centre etc., in terms of G.O.Ms.No.110, dated 19.07.2019 at the respondent- Gram Panchayat at Sy.No.39-10 to an extent of Ac.1.25 cents situated at Ramaswamy Peta Village, which is classified / notified 4 as “Burial Ground”. He further contended that as per Board Standing Order No.15(4) and as per the ratio laid down by this Hon’ble Court, once any particular land was classified or earmarked as the community land, the same cannot be used for any other purpose without permission and without change of nature of land by the competent authority. As of now, no such conversion of nature of land was carried out by the competent authority. As such, the proposed construction of Grama Sachivalayam and Rythu Barosa Centre is illegal and contrary to law. 4. The 5th Respondent – Gram Panchayat filed counter wherein it is stated as under: “2. It is submitted that the Government sanctioned the buildings for Village Secretariat, Rythu Barosa Kendram and wellness centre to this Gram Panchayat. The villagers requested this Gram Panchayat to construct the above three buildings in the land abutting to the R&B road in Sy.No.39/10 in an extent of about Ac.0.30 cents. On the request of the villagers we have conducted the gramasabha on 10.06.2020 where under discussed about the construction of above three buildings in Sy.No.39/10. In the discussion verified the records and found that Sy.No.39/10 to an extent of Ac.1.25 cents and 39/11 to an extent of Ac.1.26 cents were classified as burial ground. The villagers are using the land to an extent of Ac.1.26 cents in Sy.No.39/10 is fell vacant and seems to be as Hill lock area. Moreover, there is a R&B road in between both the lands. After discussion the villagers who attended the meeting accepted to construct the above three buildings in survey No.39/10 which is not being as burial ground. 3. It is submitted that basing on the resolution passed by the Gramasabha this Gram Panchayat passed the resolution dated 15.06.2020 where under proposed to construct the above three 5 buildings in an extent of Ac.0.20 cents in Sy.No.39/10 abutting to the R&B road. The said place is more convenient to the entire village. After following the procedure all three buildings construction was commenced. Now the village secretariat building second slab was also laid. The other two buildings are at pillars stage. Suppressing the above fact the petitioner approached this Hon’ble Court with false and baseless allegations.” 5. On the other hand, learned Standing Counsel for the 5th Respondent – Gram Panchayat furnished fresh written instructions dated 16.09.2025 apart from counter wherein it is stated that the construction of Grama Sanchivalayam, Rythu Barosa Kendram and wellness centre in the subject land was stopped in view of pending writ petition and further stated that as of now the subject Grama Sachivalayam has been operating from the existing old Gram Panchayat Building. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that once the land was earmarked as “Burial Ground” that is for the community purpose, the same cannot be converted without changing the nature of land by the competent authority. In view of the settled proposition of law and in view of the clear and specific instructions of the respondents that the construction of Grama Sachivalayam, Rythu Barosa Kendram and Wellness Centre in the subject land has been stopped in view of pending 6 Writ Petition, if the respondents still intend to make any construction at the subject land, they shall proceed further after changing the nature and classification of land by following due process of law. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications pending if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 09.10.2025 krk 7 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.21847 of 2020 DT: 09.10.2025 krk 210