IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 17933 OF 2017 Between: 1. Punuganti Kantha Raj, son of late Panduragam, aged about 55 years. Occupation: Business, President of Arya Vysya Sangam, Chintaparthy, resident of Bazaar Street, Chintaparthy Village, Valmikipuram Mandal,’ Chittoor District, AP. 2. Muvvali Sudhakar Gupta, son of late Venkatramana Chetty, aged 62 years. Occupation: Business, Secretary of Arya Vysya Sangam, Chintaparthy, resident of Bazaar Street, Valmikipuram Mandal, Chittoor District, AP. Chintaparthy Village, ...Petitioners AND 1. The State of Andhra Pradesh Rep by its Principal Secretary to the Government of Andhra Pradesh, Police Department, AP Secretariat Velagapudi, Guntur District, AP. 2. The District Collector, Chittoor District, Chittoor, AP. 3. The Superintendent of Police, Chittoor District, Chittoor 4. The Sub-Collector, Madanapalle Division, Madanapalle, Chittoor District, AP. 5. The Divisional Superintendent of Police. Madanapalle Division, Madanapalle, Chittoor District, AP. 6. The Tahasildar, Valmikipuram Mandal. Valmikipuram, Chittoor District AP. AP. •» 7. The Station House Officer, Valmikipuram Police, Station, Valmikipuram Village and Mandal, Chittoor District. 8. Moni Harinath, son of Rajanna, aged about 42 years, Chintaparthy, resident of Bypass Road, Chintaparthy, Vayalapad Mandal, Chittoor District, AP. 9. Bommagalla Shankar, son of Sree Ramulu, aged about 45 years. Secretary of, resident of Bypass Road, Chintaparthy, Vayalapad Mandal, Chittoor District, A.P. ...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 direction more particularly one in the nature of Writ of Mandamus directing the Respondents 2 to 6 herein to give police aid to the burial ground to complete the last rites whenever it is required and necessary to use the said burial ground on the prior application of the petitioners to the burial ground to an extent of A.c.0.15 cents of land situated in Sy.Nos.275/2 and 1046/2 of Chintaparthy Village, Valmikipuram Mandal, Chittoor District, otherwise, the petitioners will suffer heavily and irreparably for the illegal, arbitrary and unconstitutional act of the 8th and 9th respondents and their supporters and consequently direct the respondents 2 to 7 herein to give protection to the burial ground whenever it is necessary and required. I.A. NO: 1 OF 2017tWPMP. I.A. NO: 1 OF 2017tWPMP. NO: 21898 OF 2017^ 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 2 to 7 herein to restrain the 8th and 9th respondents and their supporters for usage of the petitioners burial ground situated in Ac.0.15 cents of land in Sy.Nos.275/ 2 and 1046/2 of Chintaparthy Village, Valmikipuram Mandal, Chittoor District, whenever it % requires to use the same, pending disposal of the disposal of the above writ petition. Counsel for the Petitioners: SRI. V SURENDRA REDDY Counsel for the Respondent Nos. 1,3,5&7: GP FOR HOME Counsel for the Respondent Nos. 2,4&6: GP FOR REVENUE The Court made the following order: writ petition and pending APHC010634702017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 17933/2017 Between: ...PETITIONER(S) P K Raju And Anothers and Others AND ...RESPONDENT(S) Prl Secretary Home And 8 Others and Others Counsel for the Petitioner(S): 1.VSURENDRA REDDY Counsel for the Respondent(S): 1.GP FOR HOME (AP) 2.GP FOR REVENUE (AP) The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home reports no instructions. 2. The proof of service for the respondent Nos.8 & 9 was not filed by the learned counsel for the petitioners. However, this writ petition is filed questioning the action of the respondent Nos.2 to 6 in not giving police aid to the burial ground to use the 3. ft said burial ground on the prior application of the petitioners to the burial ground to an extent of Ac.0.15 cents of land situated in Sy.Nos.275/2 and 1046/2 of Chintaparthy Village, Valmikipuram Mandal, Chittoor District. The learned counsel for the petitioners submits that the Government of Andhra Pradesh sanctioned Rs. 10,00,000/- under the scheme of Special 4. Development Fund for welfare and developmental activities during the financial year 2012-13 in respect of construction of compound wall to Arya Vysya burial ground at Chintaparthy, Valmikipuram, Chittoor District. The Gram Panchayat also gave no objection certificate to give power supply to the newly constructed shed in the said burial ground dated 24.01.2017. He further submits that the compound wall and new shed were constructed in the said burial ground and at the instance of the respondent nos.8 & 9, the unable to use it for the said purpose, though the petitioners and villagers are above said construction was made as early as in the year 2012 to 2013 itself. Though the petitioners represented the same to the 2"'^ respondent. there was no progress in the matter, representation for the respondent Nos.2, 4 & 6 through the Government Pleader for Revenue, of the above said facts and circumstances, it appears that with th^ public funds, the above said burial ground was made ready but not kept in use for the various reasons much specifically because of the obstruction by the respondent Nos.8 & 9 as contended by the petitioners. To resolve this 5. No 6. In view 3 issue and to make the burial ground useful for public purpose, the petitioners are directed to make representation afresh to the respondent Nos.2 to 7 by r enclosing all the necessary documents in support of their claim for the purpose of usage of the above said burial ground as meant for the same within a period of two (2) weeks from the date of receipt of this order. On receipt of the same, the respondent Nos.2 to 7/ authorities concerned shall consider and dispose of the representation of the petitioners by hearing all the parties concerned including the petitioners and the respondent Nos.8 & 9 giving due opportunity of hearing, upon verification of the records and the subject site area/ burial ground, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (3) months thereafter. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand 1 closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SE N OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Police Department AP Secretariat, Velagapudi, Guntur District, AP. 2. The District Collector, Chittoor District, Chittoor, AP. 3. The Superintendent of Police, Chittoor District, Chittoor, AP. 4. The Sub-Collector, Madanapalle Division, Madanapalle, Chittoor District, AP. iUik 5. The Divisional Superintendent of Police, Madanapalle Division, Madanapalle, Chittoor District, AP. 6. The Tahasildar, Valmikipuram Mandal, Valmikipuram, Chittoor District, AP. 7. The Station House Officer, Valmikipuram Police, Station, Valmikipuram Village and Mandal, Chittoor District. 8. One CC to Sri. V Surendra Reddy Advocate [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] 11. Three CD Copies GSC ^ ■' HK5H COURT "v \ ■? ■< -f- V DATED:02/01/2025 •• » i. I ! ' 5. ORDER WP.No.17933 of 2017 fof AND«^ 18 JAN 2025 m to ^ ^ Currenl section DISPOSING OF THE WP WITHOUT COSTS