i'* APHC010154012019 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) rtf Bl TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6710 OF 2019 Between: Vandanapu Ramakrishna, S/o. Late Veeraiah, Aged about 53 Years, C/o. Krishna Agencies, R/o. D. No. 19-106-A, Behind Ganganamma Temple, Janga Reddy Gudem, West Godavari. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District, A.P., 2. The State of Andhra Pradesh, Rep. by its Principal Secretary , Panchayath Raj and Rural Development Department Velagapudi, Amaravati, Guntur District, A.P., 3. The District Collector, West Godavari District at Eluru. 4. The Revenue Divisional Officer, Jangareddigudem, West Godavari District. 5. The Tahsitdar, Jangareddigudem Mandal, West Godavari District. 6. The Gram Panchayat, Lakkavaram, Jangareddigudem Mandal, West Godavari District, rep. by its Secretary/Executive Officer, Secretariat, ...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 ple^asfed to issue an appropriate Writ, Order or direction more particularly one in tl^a nature of Writ of Mandamus declaring the inaction on the part of the respondents in taking steps to resist the attempts to bury corpse in the petitioner's agriculture land situated in R.S. No. 292/2 of Lakkavaram Village, Jangareddi Gudem Mandal, West Godavari District and in allowing the people to use it as burial ground in spite of the availability of existing burial ground in the village as illegal, arbitrary, malafide and in contravention of the provisions of A.P. Panchayat Raj Act, 1994 and to consequently direct the respondents to take appropriate steps for not using the petitioner's above said agriculture land as burial ground, in the interest of justice lA NO: 1 OF 2019 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 to resist the attempts to bury corpse in the petitioner's agriculture land situated in R.S. No. 292/2 of Lakkavaram Village, Jangareddi Gudem Mandal, West Godavari District during the pendency of the above Writ petition in the interest of justice Counsel for the Petitioner: SRI K JYOTHI PRASAD Counsel for the Respondents No.1, 3 to 5: GP FOR REVENUE (AP) Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT (AP) Counsel for the Respondent No.6: SRI Y KOTESWARA RAO The Court made the following order: APHC010154012019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6710/2019 Between: 1.VANDANAPU RAMALCRISHNA, , S/0. LATE VEERAIAH, AGED ABOUT 53 YEARS, C/0. KRISHNA AGENCIES, R/0. D. NO. 19- 106-A, BEHIND GANGANAMMA TEMPLE, GUDEM, WEST GODAVARI. JANGA REDDY ...PETITIONER AND 1 THE STATE OP AP, REP. BY ITS PRINCIPAL SECRETARY , VELAGAPUDI, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT, A.P., 2 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL RURAL PANCHAYATH RAJ AND SECRETARY DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P., 3.THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. REVENUE DIVISIONAL OFFICER, JANGAREDDIGUDEM, 4.THE WEST GODAVARI DISTRICT. WEST 5.THE TAHSILDAR, JANGAREDDIGUDEM MANDAL GODAVARI DISTRICT. 2 NV,J W.P.No.6710 of 2019 GRAM PANCHAYAT, LAKKAVARAM, JANGAREDDIGUDEM REP. BY ITS 6.THE WEST GODAVARI DISTRICT SECRETARY/EXECUTIVE OFFICER, MANDAL, ...RESPONDENT(S): under Article 226 of the Constitution of India praying that in Petition . ^ the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in taking steps to resist the attempts to bury corpse in the petitioner's agriculture land situated in R.S. No. 292/2 of Lakkavaram Village, Jangareddi Gudem Mandal, West Godavari District and in allowing the people to use it as burial ground in spite of the availability of existing burial ground in the village as illegal, arbitrary, malafide and in contravention of the provisions of A.P. Panchayat Raj Act, 1994 and to consequently direct the respondents to take appropriate steps for not using the petitioner's above said agriculture land as burial ground, in the interest of justice lA NO: 1 OF 2019 under Section 151 CPC praying that in the circumstances Petition stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to resist the attempts to bury corpse in the petitioner's agriculture land situated in R.S. No. 292/2 j Village, Jangareddi Gudem Mandal, West Godavari the pendency of the above Writ petition in the interest of of Lakkavaram District during justice Counsel for the Petitioner: 1.KJYOTHI PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.Y KOTESWARA RAO The Court made the following: / 3 NV,J W.P.No.6710 of 2019 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.6710 OF 2019 ORDER:- This writ petition is filed under Article 226 of the Constitution of declare the inaction of respondents in taking steps to resist the 1. India, to attempts to burn corpses in the petitioner’s agricultural land situated in Lakkavaram Village, Jangareddigudem Mandal, West R.S.No.292/2, Godavari District and allowing the people to use ground inspite of the availability of existing burial ground in the village arbitrary and contrary to the provisions of A.P. Panchayat Raj Act the same as burial , as illegal. 1994. 2. Learned counsel for the petitioner submits that, the petitioner is possessor and enjoyer of agricultural land of an extent of Ac.16-62 cents in R.S.No.292/2, Lakkavaram Village, Jangareddygudem, West Godavari District. It is alleged that, some of the miscreants in the trying to bury corpses/dead bodies in his agricultural land. Inspite of submitting several representations to the respondents, no action was taken by the respondents. Hence the writ petition. absolute owner. village are (TT ./ NV,J W.P.No.6710of2019 3. Respondent No.2 submitted a counter affidavit stating that Survey No. 292/2, admeasuring an extent of Ac. 16.62 cents, is ciassified in the Viliage Accounts as FLR and Zirayat Dry Land. Adjacent to this, Survey No. 318, classified as Bandidari Poramboke, lies to the northern boundary of the petitioner’s land, while Survey No. 487, is classified as Vagu Poramboke, forms the eastern boundary. It is further submitted that the Vagu Poramboke has been used as a burial ground by residents of Lakkavaram Village. However, the petitioner has encroached upon an in Survey No. 318 (Bandidari Poramboke) by erecting a fence, which is obstructing access to the Vagu Poramboke burial ground. After receiving several requesting to remove fencing by the petitioner. extent of Ac. 0-10 cents representations from the villagers the Tahsildar accompanied by the Mandal Deputy Surveyor, Mandal Revenue and the Village Revenue Officer of Lakkavaram, conducted and inspection on 17.05.2019 and confirmed Officer, a field survey that the petitioner had encroached an extent of 25 links of Government land in Survey No. 318 which is classified as Bandidari Poramboke. Subsequently, the petitioner was directed to remove the fencing. In response, the petitioner requested time to have his land in Survey No. 292/2 surveyed by the District Surveyor within a week. However, no such survey was carried out. It is submitted that the villagers have not made any attempt to bury corpses 5 NV,J W.P.Na.6710 of 2019 within the petitioner’s agricultural land. They have only used Vagu Poramboke for such purposes. The Vagu Poramboke/burial ground remains vacant for public use. There is no burial ground in the area known as Vedulta Vagu. The officially existing burial ground is situated in Survey No. 288/2, spanning an extent of Ac.1.20 cents in Lakkavaram Village. Furthermore, it is reiterated that the petitioner has unlawfully occupied the Bandidari Poramboke up to the bridge, fencing it off and thereby obstructing the road access to the Vagu Poramboke. The extent of encroachment on the northern side is approximately 25 links. Based upon the counter affidavit filed by Respondent No.5, the learned Government Pleader for Revenue has requested the Hon’ble Court to dismiss the writ petition. Heard learned counsel for the petitioner and learned Government 4. Pleader for Revenue. 5. Upon perusal of the material available on record, it is observed that out of the total extent of Ac. 16.62 cents in Survey No.292/2, situated in Lakkavaram Village, Jangareddygudem Mandal, West Godavari District, the petitioner is in possession and enjoyment of an extent of Ac.9-77 cents, having acquired the same through ancestral succession from his ancestors. The subject land is located adjacent to Survey No.318, which 6 NV,J W.P.No.6710of 2019 is classified as Bandidari Poramboke, whereas its eastern boundary abuts Survey No.487, which is classified as Vagu Poramboke. In the absence of a notified burial ground, and considering that the Vagu Poramboke in Survey No.487 does not sufficiently meet the burial requirements of the village, an alternative vacant land to an extent of Ac. 1.20 cents in Survey No.288/2 of Lakkavaram Village is currently being used as a burial ground. It is also noted that the said land is vested with Respondent No.6 - Gram Panchayat. 6. It is further observed that there is no evidence on record to establish that any villager has attempted to, or in^fact has, buried any corpse in the petitioner’s land. All burials have taken place in the land in Survey No.288/2, which is classified as Vagu Poramboke which is vested with the Gram Panchayat. 7. The Tahsildar also stated the petitioner has encroached an extent of Ac.0-10 cents in Bandidari Poramboke falling within Survey No.318 and has erected fencing across the said Government land. The present writ petition appears to have been filed by the petitioner with an intent to avoid removal of the said fencing erected over the encroached land. 8. The allegation made by the learned counsel for the petitioner that villagers are burying corpses within his private agricultural land is devoid 7 NV,J W.P.No.6710 of 2019 of any merit and lacks evidentiary support. The petitioner has failed to furnish any material particulars such as names, dates, or documentary evidence to establish the occurrence of any such incident of burials. In the absence of any evidence substantiating the same, the allegations raised by the petitioner are liable to be rejected, as such the writ petition lacks merits and liable to be dismissed. 9. In theTesult, writ petition is dismissed. No costs. Consequently, miscellaneous applications pending if any, shall stand dismissed. to. Sd/- N NAGAWIWIA assistant registrar //TRUE COPY// 1 SECTION OFFICER To, 1. One CC to SRI K JYOTHI PRASAD Advocate [OPUC] 2. Two CCs to GP FOR REVENUE (AP) High Court of Andhra Pradesh [OUT] 3. One CC to SRI Y KOTESWARA RAO. Standing Counsel [OPUC] 4. Two CCs to GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT, High Court of Andhra Pradesh [OUT] 5. Two CD Copies gsg HIGH COURT DATED: 05/08/2025 ORDER WP NO. 6710 OF 2019 DISMISSING THE WP WITHOUT COSTS