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High Court of Andhra Pradesh · body

2025 DAILYLAW 27404 (AP)

D DHANAMJAYA RAO v. THE STATE OF ANDHRA PRADESH

WP/20199/2025 · 2025-08-04

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I h APHC010388792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20199 OF 2025 Between: D Dhanamjaya Rao, S/o Vaidyanadham, Aged about 75 years, Res/at D.No. 3/1, Bharatpet, Amaravathi Road, Guntur, Guntur District, A.P. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Velagapudi at Amaravathi, Guntur District. 2. The District Collector, Bapatia District, Bapatla. 3. The Revenue Divisional Officer, Chirala, Bapatla District. 4. The Chirala Municipality, Rep.by its Municipal Commissioner, Chirala, Bapatla District. 5. Chukka Krishna Rao, Aged about 65 years. Retd. Head Master, Near Gorlapalem, Chirala, Bapatla Gorlapalem Water Tank, 14th Ward District. 6. Chukka Naga Lakshmi, Muriicipal Councilor, Gollapalem, Chirala Bapatla District. ...Respondents 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 Writ of Mandamus, or other appropriate writ, order or direction, declaring the action of the Respondent Nos.2 to 4 in not taking action against the Respondents Nos. 5 and 6 in converting the land to extent of Ac.0-25 cents is situated in Town Survey No. 487/7 / Survey Number 280-6 of Chirala Village and Town, Bapatia District as burial ground by construction of compound wall, as illegal, arbitrary and violation of Articles 14, 300A of Constitution of India and also contrary to the provisions of Andhra Pradesh Municipalities Act, 1965 and consequently direct the Respondent Nos. 2 to 4 not to permit the Respondents Nos. 5 and 6 to convert the land to an extent of Ac.0-25 cents is situated in Town Survey No. 487/7/ Survey Number 280-6 of Chirala Village and Town, Bapatia Dj^ct for burial ground and to demolish compound wall constructed. an lA NO: 1 OF 2025 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 Respondent Nos.2 to 4 not to permit the Respondents Nos. 5 and 6 to convert the land to an extent of Ac.0-25 cents is situated in Town Survey No. 487/7/ Survey Number 280-6 of Chirala Village and Town, Bapatia District for burial ground by constructipn of compound wall, pending disposal of the Writ Petition. ^ Counsel for the Petitioner: SRI P DURGA PRASAD Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 and 3: GP FOR REVENUE Counsel for the Respondent No.4: SRI G LAKSHMI NARAYANA SC FOR MUNICIPAL CORPORATION '—^ The Court made the following order: APHC010388792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20199/2025 Between: 1.0 DHANAMJAYA RAO, S/0 VAIDYANADHAM, AGED ABOUT 75 YEARS, RES/AT D.NO. 3/1, BHARATPET, AMARAVATHI ROAD, GUNTUR, GUNTUR DISTRICT, A.P. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, BAPATLA DISTRICT, BAPATLA. 3.THE REVENUE DIVISIONAL OFFICER, CHIRALA, BAPATLA DISTRICT. 4.THE CHIRALA MUNICIPALITY, REP.BY ITS MUNICIPAL COMMISSIONER, CHIRALA, BAPATLA DISTRICT. 5.CHUKKA KRISHNA RAO, AGED ABOUT 65 YEARS. RETD. HEAD MASTER, NEAR GORLAPALEM WATER TANK, 14TH WARD, GORLAPALEM, CHIRALA, BAPATLA DISTRICT. 6.CHUKKA NAGA LAKSHMI, MUNCIPAL COUNCILOR, GOLLAPALEM, CHIRALA, BAPATLA DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1.PDURGA PRASAD Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 /> ORDER: The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by respondent Nos. 2 to 4 not taking action against respondent Nos. 5 and 6 for converting the land measuring Ac.0.25 cents in Town Survey No. 487/7 and Survey No. 280/6 of Chirala Village and Town, Bapatia District, into a burial ground by constructing a compound wall. In this regard, the petitioner submitted a representation to the 4*^ respondent, duly informing that the petitioner’s land adjoins the land where respondent Nos. 5 and 6 are proposing to construct the burial ground. 2. It is further submitted that Sections 300 to 303 of the A.P. Municipalities Act prescribe the procedure for demarcation and registration of burial grounds. Unmindful of these statutory provisions, respondent Nos. 2 to 4 are ignoring the petitioner’s representation dated 18.04.2025 and not taking any action. The learned Standing Counsel appearing for the 4^*^ respondent submits 3. that the survey numbers where the proposed burial ground is being constructed are different from the survey numbers owned by the petitioner. However, the land owned by the petitioner adjoins the land over which respondent Nos. 5 and 6 are now proposing to construct the burial ground. 4. Accordingly, this writ petition is disposed off. There shall be a direction to respondent Nos. 2 and 3 to consider the representation of the petitioner in accordance with law and pass necessary orders. At any rate, the orders passed on the representation of the petitioner shall be communicated within a period of four (04) weeks from the date of receipt of this order. Till the 1 4 representation of the petitioner is decided, the 4«’ respondent shall ensure that burial ground in deviation from respondent Nos. 5 and 6 shall not construct a the established procedure. There shall be no order as to costs miscellaneous petitions pending, if any, shall stand closed. As a sequel Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// S To, 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat, Velagapudi at Amaravathi, Guntur District. 2. The District Collector, Bapatia District, Bapatla. 3. The Revenue Divisional Officer, Chirala, Bapatla District. 4. The Municipal Commissioner, Chirala Municipality, Chirala, Bapatla District. 5. One CC to Sri. P Durga Prasad Advocate [OPUC] 6. One CC to Sri. G Lakshmi Narayana SC for Municipal Corporation [OPUC] 7. Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC HIGH COURT DATED:05/08/2025 % 2 9 AUG 2fl75 SJ Current Seci/on . ^ ORDER WP NO. 20199 OF 2025 DISPOSING THE WP WITHOUT COSTS