1 HN, J W.P.No.22732_2021 APHC010373722021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22732/2021 Between: 1. CHEKKA KRISHNAIAH, S/O VENKATA SESHAIAH, AGED ABOUT 57 YEARS, R/O 1-349, ISKAPALEM, BUCHREDDYPALEM MANDAL, SPSR NELLORE DISTRICT. 2. SURA HARI KRISHNA REDDY, C/O SURA NARASIMHA REDDY, AGED ABOUT 26 YEARS, R/O PALLIPALEM, ISKAPALEM, JONNAWADA CENTRE, BUCHIREDDYPALEM MANDAL, SPSR NELLORE DISTRICT. 3. CHUPPALA PENCHALAIAH, S/O VENKATA SUBBIAH, AGED ABOUT 65 YEARS, R/O PALLIPALEM, KAMAKSHI COLONY, BUCHIREDDYPALEM, SPSR NELLORE DISTRICT. 4. AMBAVARAPU VENKATA RAGHAVA REDDY, S/O AMBAVARAPU SUBBA REDDY, AGED ABOUT 50 YEARS, R/O 00, BOMBAY ROAD, OPP KM HOSPITAL, ISAKAPALEM, BUCHIREDDYPALEM, SPSR NELLORE DISTRICT. 5. AGARA SUBBA RAO, S/O VENGAIAH, AGED ABOUT 59 YEARS, R/O 1-4-154, PALLIPALEM, BUCHREDDYPALEM MANDAL, SPSR NELLORE DISTRICT. 6. KONATHAM SRINIVASULA REDDY, S/O KONDA REDDY, AGED ABOUT 55 YEARS, R/O 3-91, BOMBAY ROAD, NARAYANA SCHOOL, ISKAPALEM, BUCHREDDYPALEM MANDAL, SPSR NELLORE DISTRICT. 2 HN, J W.P.No.22732_2021 7. KOMATIGUNTLA PEDDA ANKAIAH, S/O ANKAIAH, AGED ABOUT 52 YEARS, ISKAPALEM, BUCHIREDDYPALEM NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. BUCHIREDDYPALEM NAGAR PANCHAYAT, REP BY ITS COMMISSIONER, BUCHIREDDYPALEM MANDAL, SPSR NELLORE DISTRICT. 3. THE TAHSILDAR, BUCHIREDDYPALEM MANDAL, SPSR NELLORE 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 of Mandamus or any other appropriate writ, order or direction and daring .the action of the respondents in proposing to lay road in the midst of the Burial ground of the village and threatening to remove the family graves of petitioners and villagers situated with an extent of Ac 0.30 cents comprised in sy.no 323 of Iskapalem Village, Buchireddypalem Nagar Panchayat limits, Buchireddypalem, SPSR Nellore District as illegal, arbitrary and violative of Art. 14, 19 and 300-A of the Constitution of India or and consequently direct the respondents not to demolish the petitioner family members grave without following due process of law and pass such IA 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 pleased to consider the representation dated 22.09.2021 submitted by petitioners and pass IA NO: 2 OF 2021 3 HN, J W.P.No.22732_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 pleased not to demolish the petitioner family members grave without following due process of law without following due process of law and pass such Counsel for the Petitioner(S): 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR MUNCIPAL ADMN URBAN DEV 4 HN, J W.P.No.22732_2021 ORDER: 1. The petitioners filed the present writ petition aggrieved by the proposal of the respondent of laying a road adjacent to the burial ground of the village, which, according to the petitioner, would require removal of several graves belonging to the petitioner’s family members and other villagers. 2. The burial ground, to an extent of Ac.0.30 cents in Survey No.323 of Iskapalem Village, Buchireddypalem Nagar, SPSR Nellore District, is stated to be the affected area as per the petitioner. 3. The learned Standing counsel appearing for the respondents, on instructions, submits that as per the Village Surveyor’s report, the burial ground is located in Survey No.323 and the same has not disturbed the games during the construction of the proposed road. The road was laid through Reballa Village in Survey no.30/2 63/2, and through Iskapalem Village in Survey No.341. The proceedings and findings of the survey report were also served on the petitioner. 4. The learned counsel for the petitioner does not dispute the same. 5. Recording the same, the present writ petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:12.09.2025 NKA 5 HN, J W.P.No.22732_2021 502 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22732 of 2021 Date: 12.09.2025 NKA