y ■ I i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 31258 OF 2021 Between: 1. Byrapuneni Koteswara Rao, S/o. Narsaiah, aged about 81 years, R/o. D.No.40-9/1-12, Vasavya Nagar, Vijayawada, Krishna District. 2. Guduri Kalpana, W/o.Sri Ramulu, aged about 39 years, R/o.D.No.7-227, 7th Line, Sujatha Nagar, Near Police Quarters, Ongole, Prakasam District. 3. Tatikonda Suhasini, W/o. Tatikonda Sambasiva Rao, Aged about 39 years, R/o.D.No.23-3-19, Narravari Street, Vyayama Sala, Satyanarayanapuram, Vijayawada, Krishna District. 4. Byrapuneni Srinivasa Rao, S/o. Narsaiah, aged about 70 R/o. Kammapalem, Ongole, Prakasam District. 5. Byrapuneni Kiran Kumar, S/o. Narsaiah, aged about 60 years, R/o. Kammapalem, Ongole, Prakasam District. years. ...Petitioners AND «► 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The Commissioner and Director of Municipal Administration Department, Padmini Krishna Enclave, Annapurna Nagar, 5th lane, 4/7 Inner Ring Road, Gorantia, Guntur, Guntur District. 3. The Directorate of Town and Country Planning, MGM Capital, Ground Floor, Near NRI Hospital Flyover, Beside Little Village Restaurant, Chinakakani Village, Mangalagiri Mandal, Guntur District. 4. The Ongole Municipal Corporation, Rep. by its Commissioner, Ongole, Prakasam District. 5. The District Collector, Prakasam District at Ongole. 6. The Revenue Divisional Officer, Ongole Division, Ongole Prakasam District. 7. The Tahsildar, Ongole Mandal, Ongole, Prakasam District. 8. The Ongole Corporation Muslim Burial Ground Development Committee, Rep. by its President Shaik Mahaboob Subhani, Office situated in Kothapatnam Road, Ongole, Prakasam 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 order or orders more particularly one in the nature of Writ of Mandamus declaring (i)the action of the V Respondent Nos. 4 to 7 in trying to convert the 100 feet Master Plan Road situated in Survey Nos. 42 and 43 to an extent of Ac. 1.70 cents and Ac. 0.30 cents respectively of Ongole, into burial ground and trying to earmark the same for burial ground to the 8th respondent, depriving the right of ingress and egress of the petitioners for their respective lands situated in Survey No.8 of Ongole, without any power or authority, contrary to A.P. Urban Areas (Development) Act, 1975, and contrary to the Master Plan of Ongole Municipal Corporation, which was notified through G.O.Ms.No.292, dated 27.07.2017, and depriving the rights of easement of the petitioners as provided under Section 18 of the Easements Act, being illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India (ii)to direct the respondents not to convert the Donka/100 feet master plan road notified through G.O.Ms.No,292, dated 27.07.2017, situated in Survey Nos. 42 and 43 to an extent of Ac. 1.70 cents and Ac. 0.30 cents respectively of Ongole.iii) and not to assign the Donka/100 feet master plan road notified through G.O.Ms.No.292, dated 27.07.2017, situated in Survey Nos. 42 and 43 to an extent of Ac. 1.70 cents and Ac. 0.30 cents respectively of Ongole to the Respondent No.8, depriving the right of ingress and egress of the petitioners for their land situated in Survey No.8 of Ongole. lA NO: 1 OF 2021 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 respondents not to assign the Donkas/100 feet master plan roads notified through G.O.Ms.No.292, dated 27.07.2017, situated in Survey Nos. 42 and 43 to an extent of Ac. 1.70 cents and Ac. 0.30 cents respectively of Ongole Municipal 1 Corporation to the Respondent No.8, depriving the right of ingress and egress of the petitioners for their land situated in Survey No.8 of Ongole pending disposal of the above writ petition lA NO: 2 OF 2023 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 grant leave to the petitioner/respondent No.4 in the WP.No. 31258 of 2021 to file the counter affidavit in the above writ petition lA NO: 1 OF 2023 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 receive the counter copies on record by allowing the leave petition. Counsel for the Petitioners: SRI MADHAVA RAO NALLURI Counsel for the Respondents 1 to 3: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondents 5 to 7: GP FOR REVENUE Counsel for the Respondent No.4: SRI A S C BOSE (SC FOR MUNICIPAL COPORATIONS AP) Counsel for the Respondent No.8: SRI MALIREDDY GOWTHAM The Court made the following order: /! % APHC010522882021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 31258/2021 Between: ...PETITIONER(S) Byrapuneni Koteswara Rao, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1 MADHAVA RAO NALLURI Counsel for the Respondent{S): 1.GP FOR REVENUE 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. G VENKATA REDDY 4.GP FOR MUNCIPAL ADMN URBAN DEV 2 The Court made the following ORDER: Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the 4*^ respondent and the learned counsel appearing for the respondent. 2. This writ petition is filed questioning the action of the respondent Nos.4 to 7 in trying to convert the 100 feet master plan road situated in survey Nos.42 & 43 to an extent of Ac. 1.70 cents & Ac.0.30 cents respectively of Ongole, into burial ground and trying to earmark the same for burial ground to the 8“^ respondent, depriving the right of ingress and egress of the petitioners for their respective lands situated in Survey No.8 of Ongole, without any power or authority, contrary to A.P. Urban Areas (Development) Act, 1975, and contrary to the Master Plan of Ongole Municipal Corporation, which was notified through G.O.Ms.No.292, dated 27.07.2017, and depriving the rights of easement of the petitioners provided under Section 18 of the Easements Act. as The learned counsel for the petitioners submits that when coming from northern side as per the master plan, the left side piece of the land /road is sought to be converted into burial ground. The respondent Nos.4 to 7 cannot change the master plan. He refers to the RSR table of 3. Ongole village showing the survey nos.42 & 43 as foot path, donka and •<> 3 road. He also refers to the Field No.42 map of the village said to have been issued by the Tahsildar, Ongole Mandal under the Right to Information Act. Similarly, he refers to the Field No.43 map of the village issued by the 7‘^ respondent under the Right to Information Act. He further submits that if at all there is a change of master plan, the respondent alone is competent to amend /modify the same. 4. On the other hand, the learned Assistant Government Pleader, relying upon the counter of the 4*^ respondent, submits that the chapter III of the Andhra Pradesh Municipalities Act, 1965, deals with the functions of the municipal authorities. Section 37 of the said Act deals with the vacant lands belonging to the government situated in the municipality are th to be in possession and under the control of the Council, hence, the 4 respondent issued NOC for change of classification of land from footpath poramboku to burial ground poramboke vide Lr.Roc.No.2691/2021/G1 , dated 09.07.2021 after taking Council resolution and the same was th respondent vide Roc.No.2691/2021/G1, dated conveyed to the 7 09.07.2021. There is no affect or alteration to the master plan road and ingress and egress of the people is not affected in any manner. There is no attempt to convert the 100 feet master plan road situated in survey Nos.42 & 43. The Collector & District Magistrate, Prakasam District issued the proceedings for converting footpath poramboku to burial 4 ground poramboku in survey Nos.42 & 43 to an extent of Ac. 1.70 cents & Ac.0.30 cents respectively of Ongole Revenue Village in Ongole Mandal \ duly in order to provide burial ground for Muslim community people within the limits of Ongole Municipal Corporation vide proceedings in Rc.No.E1/298020/2021, dated 09.09.2021. The learned counsel for the respondent also submits that the said two donka roads are intact and there is no change in the master 5. plan. 6. In view of the above said facts and circumstances and upon ■'consideration of the rival submissions made, it is to be seen that there is no change for the Field No.42 and Field No.43 in the master plan map shown by both the parties, which is not in dispute. The whole grievance of the writ petitioners is that the respondent Nos.4 to 7 are trying to convert the 100 ft. master plan road situated in Survey Nos.42 and 43 to an extent of Ac.1.70 cents and Ac.0.30 cents respectively into a burial ground by ear marking the same to the 8‘^ respondent. But the learned counsel appearing for the respondent Nos.4 to 8 relying upon their counters unanimously and consistently submitted that there is no change/alteration in the master plan road while allotting the subject land to the 8*^ respondent for the purpose of using it as a burial ground. Hence, no relief can be granted in this writ petition to deny the 8*^ 0 5 the said a burial ground in this writ petition. If at all on respondent from using the said land as averments and the material placed on record in land along with the and egress to their is always open for the petitioners petitioners’ right of ingress affected if any, it is the to easement rights are approach the competent Civil Court for appropriate reliefs. Interim order, if order as to is disposed of. vacated. There shall be hO Accordingly, the Writ Petition is any, deemed to have been costs. 7. As a sequel. Miscellaneous Petitions pending, if any shall stand Sd/-N.NAGAIV1MA assistant registrar closed. //true copy// SECTION OFFICER / To Municipal Administration and Urban of Andhra Pradesh, Secretariat Tullur Mandal, Guntur District. 1. The Principal Secretary Development Department, State Buildings, Velagapudi Village, . of Municipal Administration Annapurna Nagar, 5th Guntur, Guntur District. 2 The Commissioner and Director Padmini Krishna Enclave Department lane, 4/7 Inner Ring Road, Gorantia of Town and Country Planning. MGM Capital, 3. The Directorate Ground Floor Restaurant. Chinakakani Village Near NRl Hospital Flyover Beside Little Village Mangalagiri Mandal, Guntur District. 4. The Ongole Municipal Corporation, Rep. by its Commissioner, Ongole, Prakasam District. 5. The District Collector, Prakasam District at Ongole. 6. The Revenue Divisional Officer, Ongole Division, Ongole, Prakasam District. 7. The Tahsildar, Ongole Mandal, Ongole, Prakasam District. 8. The Ongole Corporation Muslim Burial Ground Development.Committee, Rep. by its President Shaik Mahaboob Subhani, Office situated in Kothapatnam Road, Ongole, Prakasam District. 9. One CC to SRI. MADHAVA RAO NALLURI Advocate [OPUC] One CC to A S C Bose (SC for Municipal Corporations) [OPUC One CC to Sri G. Venkata Reddy, Advocate [OPUC One CC to Sri Malireddy Gowtham, Advocate [OPUC Two CCs to GP for Revenue, High Court of Andhra Pradesh 10. 11. 12. 13. OUT 14. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT Two CD Copies 15. SKS HIGH COURT I DATED:03/01/2025 ORDER 1 f- K-J- 2 2 JAN 2C25 Co ^ Current Section ^ WP.No.31258 of 2021 DISMISSING THE WP WITHOUT COSTS