IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF A TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR ’ WRIT PETITION NO: 34697 OF 2022 I 'f / Between: 1. Bhashyam Venkata Rao, S/o B Lakshmaiah, Aged about. 53 years, Occ. Private Employee, R/o D. No. 7-132/38. Flat No.402, Sri Lakshmi Narasimha Towers-1, Chanakya Nagar, Chinamushidiwada.Pendurthi, Sujathanagar, Visakhapatnam-530051, Andhra Pradesh. 2. Gampa Pothu Raju , S/o ( Late) G. Lohithasudu, Aged about. 54 years, Occ. Government Employee, R/o D. No. 7-132/35. Flat No.303, Sri Lakshmi Chinamushidiwada.Pendurthi, Andhra Pradesh.. 3. Ganti Somasekhara Rao , S/o ( Late) Ganti Satyanarayana, Aged about. 64 years, Occ. Retired Employee, R/o Flat No.303, Sri Lalcshmi Narasimha Towers-1, Chanakya Nagar, Chinamushidiwada.Pendurthi, Sujathanagar, Visakhapatnam-530051, Andhra Pradesh. Narasimha Chanakya Nagar, Sujathanagar, Visakhapatnam-530051, Towers-1 4. Nadagana Gagga Rao , S/o Nandagana Lakshmana Rao, Aged about. 68 years, Occ. Retired Employee, R/o D. No. 7-132/. Flat No. G-1, Sri Lakshmi Narasimha Towers-1 Chanakya Nagar, Chinamushidiwada.Pendurthi, Sujathanagar, Visakhapatnam-530051, Andhra Pradesh., 5. Annamreddy Venkata Rao , S/o A Sanyasi F?ao, Aged about. 54 years, Occ. Private Employee, R/o D. No. 7-132/25. Flat No. 101, Sri Lakshmi Naiasimha Towers-1, Chanakya Nagar, Chinamushidiwada.Pendurthi, Sujathanagar, Visakhapatnam-530051, Andhra Pradesh. 6. Devulapalli Rama Rao , S/o ( Late) Bhuvaneswara Rao, Aged about. 59 years, Occ. Private Employee, R/o D. No. 7-132/29. Flat No. 201 Lakshmi Sri Narasimha Towers-1, ChinamushIdiwada.Pendurthi, Sujathanagar, Andhra Pradesh. Chanakya Nagar, Visakhapatnam-530051, 7. Alamanda Narasinga Rao , S/o A Subramanyam, Aged about. 36 years Occ. EX. Service Man, R/o D. No. 7-190/13, Chanakya Nagar, Chinamushidiwada,Pendurthi, Visakhapatnam-531051, Andhra Pradesh. 8. Gella Ramakrishna, S/o Gella Chandar Rao, Aged about. 57 years, Occ. Government Employee, R/o, No. 7-132/. Flat No. G-4, Sri Lakshmi Narasimha Towers-1, Chanakya Nagar, Chinamushidiwada Sujathanagar, Visakhapatharn^530051, Andhra Pradesh. Pendurthi, 9. Janapareddy Stithi Kumar , S/o Janapareddy Ramana Rao, Aged about. 36 years, Occ. Private Em|:^pyee, R/o D. No. 7-132/30. Lakshmi Flat No. 202, Sri Chanakya Nagar, Visakhapatnam-530051, Narasimha Towers-1, Chinamushidiwada, Pendurthi,., Sujathanagar, Andhra Pradesh. 10. Mallolu Ravi Kumar , S/o Mallolu Chittaranjan Das. Aged about. 59 years, Occ. Government Employee, R/o D. No. 7-132/39. Flat No. 403, Sri Lakshmi Narasimha Towers-1, Chinamushidiwada,Pendurthi,,. ; Sujathanagar, Andhra Pradesh. Chanakya Nagar, Visakhapatnam-530051, ...Petitioners AND 1. The State Of Andhra Pradesh, Rep by Principal Secretary, .Department of Revenue, Secretariat,Velagapudi,. Amaravathi, Guntur District. Andhra Ppradesh 2 The Principal Secretary, Department of Municipal Administration, and Urban Development (MAandUD), Secretariat, Velagapudi, Amaravathi Guntur District. Andhra Pradesh. 3. The District Collector, Visakhapatam District, Visakhapatnam, Andhra Pradesh, 4. The / Commissioner, Greater Visakhapatnam Municipal Corporation ( GVMC), . Visakhapatnam , Visakhapatnam District, Andhra Pradesh. Revenue Divisional Officer, Visakhapatnam Division, Visakhapatnam 5. The District. Andhra Pradesh. 6. The Zonal Commissioner, Zone-VIII- Greater Visakhapatnam Municipal Corporation ( GVMC, Visakhapatnam.Visakhapatnam District. Andhra Pradesh. . ■ b; The Tahsildar, Pendurthl Mandal, Visakhapatnam District. Andhra Pradesh. . r 8. The Greater Visakhapatnam Municipal Corporation (GVMC), Visakhapatnam, Visakhapatnam,District, Andhra Pradesh. R8 is impleaded as per the Order of this Court, dt. 25.09.2023 vide order passed in l.a.1 of 2023. 7. ...Respondents Article 226 of the Constitution of India is filed under Petition praying that in the circumstance^ Mated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in OF MANDAMUS Declaring the Letter. Computer. the nature of WRIT No.326138/2022-Land-E4,Dated,26;09.2022 issued by the by the 3 survey No.138/1 respondent there by allotting the Government land in admeasuring an extent of Ac..0,16,-cents for burial ground for Muslim Chinamushidiwada;: Village of Pendurthi Mandal, Greater community in Visakhapatnam Municipal Corporation ( GVMC) and consequent handing over the land as per R.o No. 53/2021/A, Dated .27.09.2022 by the l'" respondent to % the 6th and other respondent without considering the representations of the Petitioners J Village, Pendurthi Mandal . and Greater Hyderabad 14, 21 of Constitution the respondents to -Land-E4,Dated,26.09. Government land i cents for burial Village of Pendurthi residents of the submitted to the Chinamushidiwada Dated 26.09.2022 respondents 3'^^ arbitrary, against the Corporation Act-1955 Set aside the allotment ■ as illegal. Municipal at India and cancel the 2022 survey ground for Muslim Mandal, Greater provisions offhe The and violative of Article Consequently direct same and Letter. Computer. No.3261 38/2022 issued by the by the 3 No. 138/1 community in respondent allotment of an extent of Ac. 0.16 Chinamushidiwada Visakhapatnam Municipal Corpotation lAij/a J_OF2p22 admeasuring in (GVMC). Petition under Section stated in the affidavit pleased '15:1 CPC is filed praying that in the ci the High Court circumstances filed in support of the petition to may be No.3261 38/2022-Land respondent there by allotting suspend the Letter. Computer, issued by the by the 3'-1 P4,Dated,26.09.2022 i Government land i tor burial the in survey No; 138/1 admeasuring an extent of Ac. 0.16 Chinamushidiwada ground for Muslim cents community in Pendurthi Mandal, Greater Visakhapatnam Village of Municipal Corporation ( GVMC) any construction also direct the and respondents -to : stop... the handing over the land pursuant to the by the 7''" as per R,.a No. 53/2021/A, respondent. Dated .27.09.2022 respondent to the Counsel for the Petitioners Counsel for the Respondents: : SRI. SUDHIR IMATTEGUNTA : GP PGR REVENUE GP FOR MUNICIPAL ADMN SriS. AND URBAN DEV LakshmiNarayana Reddy The Court made the following: APHC010570232022 iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 34697/:L022 [3505] TP. S THE Between; Bhashyam Venkata Rao and Others AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S); ...PETITIONER(S) ...RESPONDENT(S) 1.. 2.SUDHIR MATTEGUNTA Counsel for the Respondent(S); 1. K.MADHAVA REDDY (SC FOR GVMC) 2.GP FOR REVENUE 3.GP FOR MUNCIPAL ADMN URBAN DEV 2 TCDSJ W.P.No.34697 of 2022 The Court made the following order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: 'ssue a writ order or direction more particularly one in the nature of Writ Of Mandamus Mandamus declaring the Letter Computer No.326138/2022-Land-E4, dated 26.09.2022 issued by the by the 3rd respondent there by allotting the Government land in survey No. 138/1 admeasuring an extent of Ac.0.16 cents for burial ground for Muslim Community Chinamushidiwada Village of Pendurthi in - Mandal Greater Visakhapatnam Municipal Corporation (GVMC) and consequent handing over the land as per R.0.No.53/2021/A Dated 27.09.2022 by the 7‘^ respondent to the 6th respondent without considering the representations of the Petitioners and other residents of the Chinamushidiwada Village Pendurthi Mandal Dated 26.09.2022 submitted to the 3^^ and Z'"' respondents as Illegal and arbitrary against the provisions of the The Greater Hyderabad Municipal Corporation Act, 1955 and violative Article 14 & 21 of Constitution of India and Set aside the same and Consequently direct the respondents to cancel the allotment Letter Computer No.326138/2022-Land-E4, dated 26.09.2022 issued by the by the 3''"' respondent allotment of Government land in survey No. 138/1 admeasuring an extent of Af^O.16 cents for burial ground for Muslim Community Chinamushidiwada Village of Pendurthi Visakhapatnam Municipal Corporation (GVMC) and to of in Mandal Greater pass..." It IS the case of the petitioners that, they are residing in Lakshmi Narasimha Towers-1, situated in Sy.No.133/4 and 138/2 of Chinamushidiwada Village, Pedurthi Mandal, Visakhapatnam District. It is their further case that, on the northern side of 2. Srii Lakshmi Narasimha Towers there is a vacant land in Sy.No. 138/1. It is further case of the petitioners that, they came to know that the vacant land in Sy.No.138/1 is proposed for burial ground for Muslim community on the request of Masjid-E-Noorani Committee. In pursuance thereof, the 3'"^ respondent addressed 3 TCDSJ W.P.No.34697 of 2022 letter dated 26.09.2022, to the 4*^ respondent to offer remarks and submit necessary requisitions in terms of GO.Ms.No.571, dated 14.09.2012, for taking further action in the matter, so as to allot land to an extent of Ac.0.16 cents in Sy.No. 138/1 of Pendurthi Village. It is further case of the petitioners that, on coming to know about the proposal to allot land for burial ground adjacent to their residential apartments, they made a representation dated 26.09.2022, to respondent Nos.3 & 7, requesting not to allot the said land for burial grounds. It is further case of petitioners that, when there action from the respondents, the present writ petition questioning the letter dated 26.09.2022, addressed by the 3^'" respondent to the respondent. 3. On the other hand, the respondent Nos.3, 4, & 6, have filed counter affidavits inter alia stating that, the existing burial ground of Muslim Community is affecting in 60-0 master plan road widening and in pursuance thereof, the Masjid-E-Noorani Committee was no is filed requested for allotment of alternative land for burial ground. It i further averred in the counter affidavit that, the IS proposed burial ground for Muslim community is situated adjacent to Hindu and Christian burial grounds which are being used from times immemorial. Taking into consideration of the feasibility and other aspects, after following the procedure as per Section 570 of 4 TCDSJ W.P.No.34697 of 2022 Municipal Corporation Act, the disputed land admeasuring an extent of Ac,0.16 cents in Sy.No.138, was allotted for burial further stated that, for the past thirty years the received from the residents with ground water. It is further stated that, there petition and prayed to dismiss the Heard counsel for the Government Pleader for Revenue respondent. ground. It is re were no complaints respect to any contamination of are no merits in the writ same. 4. petitioners., learned Assistant and Standing Counsel for 5*^ 5. Perused the material available 6. The present writ petition is filed questioning the action of respondents in allotting land admeasuring in Sy.No. 138/1, for burial on record. an extent of Ac.0.16 cents ground to Muslim community on the ground that it may cause health hazards to the residents of Lakshmi Narasimha Towers. It is further case of the petitioners that , the proposed land is situated beside their residential apartments and if the same is allotted, especially during Covid-19 petitioners including the residents of the pandemic, the said apartments would be put to sufferance. On the other hand, it is categorically averred in the counter affidavits that, abutting to the proposed land, there are existing burial grounds belonging to Hindu and Christian IS further not in dispute that, the said burial religions. It grounds are in existence 5 TCOS.i W-P-No.34697 of 2022 have neither disputed the times immemorial. The petitioners nor filed any reply denying since the said a\/erments. In the absence same ised by the petitioners cannot be have not placed complaints with regard to nd the alleged health hazards of the of op.y svidence, the contentions rai believed. Apart from the same, the petitioners anything contamination of ground water a to show that there were residents of the apartments. It is pertinent to mention that. the proposed land was identified the existing burial ground was after following the and taking into consideration of 7. for burial ground inasmuch as affected in 60-0 master plan. The respondents procedure contemplated under law all the aspects irtcludirrg the feasibility, idehtified the proposed lahd extent of Ac.0.16 cents in for Sy.No. 138/1 admeasuring an allotment grounds of reasons, the interference In view • accordingly, the same is dismissed. AfH - 'Aslfei'sequel, miscellaneous applications of burial ground, which is adjacent to existing burial From the foregoing Hindu and Christian religions, of this Court is not warranted. the writ petition, of the above, there are no merits in 8. pending, if any, shall ? ■ ' stand closed. Sd/- K J RAJA BABU assistant registrar SECTION OFFICER //true COPY// - EGUNTA Advocate [OPUC] - Reddy, Standing High Court Of Andhra administration h To, SRI SUDHlR’MATl Sri S.LakshmiNarayana Counsel [OPUC] t. One CC to 2. One CC to 3, Two CCs to 4. Two CCs to development [OUT] Pradesh. [OUT] GP FOR REVENUE GP FOR MUNICIPAL & URBAN 5, Three CD Copies \<-sr [Qsgf t t high court DATED:22/04/2025 ORDER I 2J SEP 2ea I . Current Section . ^ VVP.No.34697 of 2022 dismissing the writ petition without costs