APHC010389482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20100/2025 Between: 1. PULAPAKULA PHILIP, S/O NAGESWARA RAO, AGED 47 YEARS, OCC- PASTOR, R/O 41-28/4-54, 16TH WARD, KRISHNA LANKA, VIJAYAWADA, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI,AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, KAKINADA DISTRICT AT KAKINADA, ERSTWHILE EAST GODAVARI DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, KAKINADA DISTRICT AT KAKINADA, ERSTWHILE EAST GODAVARI DISTRICT. 4. THE DIVISIONAL PANCHAYAT OFFICER, PEDDAPURAM REVENUE DIVISION, PEDDAPURAM, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 5. THE TAHSILDAR, JAGGAMPET MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 6. JAGGAMPET GRAM PANCHAYAT, , REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY JAGGAMPET MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI 2 DISTRICT. 7. THE STATION HOUSE OFFICER, JAGGAMPET POLICE STATION, JAGGAMPET, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT 8. SRI JANGAREDDY RANGA BABU, S/O KRISHNA TILAK, R/O JAGGAMPETVILLAGE AND MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 9. SRI JANGAREDDY JAGGA RAO, S/O KRISHNA TILAK, R/O. JAGGAMPET VILLAGE AND MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 10. SRI JANGAREDDY JAMESALIVER JOHN, S/O KRISHNA TILAK, R/O JAGGAMPET VILLAGE AND MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 11. SRI JANGAREDDY JARED NATHANIEL, , S/O KRISHNA TILAK, R/O JAGGAMPET VILLAGE AND MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 12. SRI BORRA SURESH, S/O VENKATESWARA RAO, R/O JAGGAMPET VILLAGE AND MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 13. SRI BORRA RANGA BABU, S/O VENKATESWARA RAO, R/O JAGGAMPET VILLAGE AND MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of respondents particularly 5, 6 and 7 on the petitioners representation dt. 24.04.2025, submitted for preventing public nuisance being caused at his private land admeasuring Ac. 1.00 cent in R.S. No. 308/1 of Jaggampet Village, Kakinada District, from being unlawfully converted into a public graveyard and thereby conducting cremations and constructing tombs thereon in high-handed and illegal manner, as illegal, arbitrary, irrational, and violative of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and also offends Articles 14, 21 and 300-A of the 3 Constitution of India And consequently direct the Respondents 2 to 7 not to permit nor allow any further cremation or disposal of dead bodies in his private land mentioned above by demolishing illegal structures in the form of tombs being constructed by respondents 8 to 13 and their henchmen and pass IA 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 pleased to direct the respondents particularly 2 to 7 to consider and initiate necessary action on the petitioner’s representation dt. 24.04.2025 submitted for preventing respondents 8 to 13 and their henchmen from illegally burying dead bodies and constructing tombs etc. on his private land admeasuring Ac. 1.00 cent in R.S. No. 308/1 of Jaggampet Village, Kakinada District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20100/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of respondents particularly respondent Nos.5, 6 and 7 on the petitioner’s representation dated 24.04.2025, submitted for preventing public nuisance being caused at his private land admeasuring Ac.1.00 cent in R.S. No. 308/1 of Jaggampet Village, Kakinada District, from being unlawfully converted into a public graveyard and thereby conducting cremations and constructing tombs thereon in high-handed and illegal manner, as illegal, arbitrary, irrational, and violative of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994; Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and also offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent Nos.2 to 7 not to permit nor allow any further cremation or disposal of dead bodies in his private land mentioned above by demolishing illegal structures in the form of tombs being constructed by respondent Nos.8 to 13 and their henchmen and pass such other order.” 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for respondent No.6 and the learned Government Pleader for the other official respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.00 cents in R.S.No.308/1 of Jaggampet Village, Kakinada District. While so, without there being 5 any procedure as contemplated and without following due process of law, the official respondents are allowing the unofficial respondents for converting the subject land as burial ground is illegal, arbitrary and infringing the rights of the petitioner as guaranteed under Article 21 and 300-A of the Constitution of India. 4. On the other hand, learned Standing Counsel for respondent No.6 and the learned Government Pleader for the other official respondents furnished written instructions dated 03.08.2025, wherein it is stated that the petitioner acquired the subject property by way of sale deed in the year 2024. By the date of acquisition of the property itself, tombs of the ancestors of unofficial respondents and petitioner were already in existence in the subject land. But, the petitioner made an application stating that the subject land now itself is converting as burial ground. Pursuant to the representation made by the petitioner, the official respondents enquired with the nature of the land with the landowners in the village, then they stated that the subject land belongs to all of them and petitioner is one of the family member and family disputes are pending before the Court of law in respect of the subject land. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it indicates that there is an existing dispute between the petitioner and the unofficial respondents in respect of the subject property and the 6 official respondent Nos.2 to 6 neither issued any notice whatsoever nor interfering with the disputes of the petitioner and the unofficial respondents. Further in the written instructions it is specifically stated that they are no way concerned with the disputes between the petitioner and the unofficial respondents. 6. In view of the facts and circumstances of the case, since the civil disputes are pending for consideration, the disputes between the petitioner and the unofficial respondents cannot be adjudicated and relief as prayed cannot be granted. As such no writ petition is maintainable under these facts and circumstances before this Court under Article 226 of the Constitution of India. Therefore, a Writ of Mandamus cannot be issued against the respondents. However, the petitioner is at liberty to proceed further before Civil Court of law to protect his property by initiating appropriate proceedings in accordance with law. 7. Accordingly, the Writ Petition is disposed. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 0044..0088..22002255 TTPPSS 7 93 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:20100 of 2025 0044..0088..22002255 TTPPSS