APHC010223552023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. SRI SANKARASETTY SUBBA RAO, , S/O. DASARATHA RAO, AGED 47 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU DISTRICT. ANDHRA PRADESH. 2. SRI. BOMMU RAMANJANEYULU,, YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU DISTRICT. ANDHRA PRADESH. 3. SRI. CHAPA NAGESWARA RAO,, S/O. GOVINDAIAH, AGED 50 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU DISTRICT. ANDHRA PRADES 4. SRI. UPPU VENKATESWARLU,, S/O. SUBBAIAH, AGED 71 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU DISTRICT. ANDHRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,PANCHAYATRAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT, OFFICE AT NARASARAOPET, ANDHRA PRADESH 3. THE REVENUE DIVISIONAL OFFICER, OFFICE AT GURAZALA, PALNADU DISTRICT, ANDHRA PRADESH. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11715/2023 SRI SANKARASETTY SUBBA RAO, , S/O. DASARATHA RAO, AGED 47 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU DISTRICT. ANDHRA PRADESH. SRI. BOMMU RAMANJANEYULU,, S/O. VENKATESWARLU, AGED 56 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU DISTRICT. ANDHRA PRADESH. SRI. CHAPA NAGESWARA RAO,, S/O. GOVINDAIAH, AGED 50 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU DISTRICT. ANDHRA PRADESH. SRI. UPPU VENKATESWARLU,, S/O. SUBBAIAH, AGED 71 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU DISTRICT. ANDHRA PRADESH. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,PANCHAYATRAJ DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP. THE DISTRICT COLLECTOR, PALNADU DISTRICT, OFFICE AT NARASARAOPET, ANDHRA PRADESH THE REVENUE DIVISIONAL OFFICER, OFFICE AT GURAZALA, PALNADU DISTRICT, ANDHRA PRADESH. RC,J W.P.No.11715 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SRI SANKARASETTY SUBBA RAO, , S/O. DASARATHA RAO, AGED 47 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, S/O. VENKATESWARLU, AGED 56 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, SRI. CHAPA NAGESWARA RAO,, S/O. GOVINDAIAH, AGED 50 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, SRI. UPPU VENKATESWARLU,, S/O. SUBBAIAH, AGED 71 YEARS, R/O. GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP. THE DISTRICT COLLECTOR, PALNADU DISTRICT, OFFICE AT THE REVENUE DIVISIONAL OFFICER, OFFICE AT GURAZALA, RC,J W.P.No.11715 of 2023 2 4. THE TAHSILDAR, DACHEPALLI MANDAL, OFFICE AT DACHEPALLI, PALNADU DISTRICT,ANDHRA PRADESH. . 5. THE DISTRICT EDUCATION OFFICER, PALNADU DISTRICT, OFFICE AT NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH. 6. THE MANDAL EDUCATION OFFICER, DACHEPALLI MANDAL, OFFICE AT DACHEPALLI, PALNADU DISTRICT, ANDHRA PRADESH. 7. THE GAMALAPADU GRAM PANCHAYAT, REP. BY PANCHAYATH SECRETARY, GAMALAPADU VILLAGE, DACHEPALLI MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 8. THE DISTRICT PANCHAYAT OFFICER, LINGAMGUNTLA COLONY, LINGAMGUNTLA,NARASAROPET, PALNADU DISTRICT. 522 601. R8 IS SUO-MOTO IMPLEADED AS PER THE COURT'S ORDER DT.15.12.2025 ...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 to issue an order or writ, more particularly, one in the nature of writ of Mandamus, i.declaring the action of the respondents 4 to 6 in constructing the school buildings/additional buildings for School by demolishing the existing tombs in the land situate at Sy.No.49B-1 of Gamalapadu Village which is classified as burial ground as per RSR of the Gamalapadu Village and being used as such by the Villagers from decades, as illegal, arbitrary, improper besides being violative and contrary to Article 21 of the Constitution of India. ii.Consequently direct the respondents 1 to 6 , not to interfere by constructing any sort of buildings in the place allotted and classified as burial ground admeasuring Ac.7-26 cents situate at Survey No. 49B-1 of Gamalapadu village, Dachepalli Mandal where the population is growing year by year . and to keep the burial ground intact . iii.Consequently direct the respondents to identify some other suitable place away from the burial ground to construct the proposed school building. iv.And pass IA NO: 1 OF 2023 RC,J W.P.No.11715 of 2023 3 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 4 to 7, to stop constructing the additional blocks or any construction related to school building in Survey No. 49B-1 of Gamalapadu village, Dachepalli Mandal in an extent of Ac.5.00cents by demolishing the existing tombs and removing the buried dead bodies, by considering our representation dated 12.04.2023, pending disposal of the above writ petition and pass IA 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 extend the interim order granted in WP.No.11715 of 2023 on 04-05-2023 and which was futher extended on 04-07-2023 for a period of 6 weeks until further orders, in the interest of justice and pass IA NO: 1 OF 2024 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 extend he interim order granted in WP.No. 11715 of 2023 on 04-05-2023 and which was further extended from time to time and finally on 01-02-2024 for a period of eight (8) weeks, in the interest of justice, and pass Counsel for the Petitioner(S): 1. N BHARAT BABU Counsel for the Respondent(S): 1. GP FOR EDUCATION 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: RC,J W.P.No.11715 of 2023 4 ORDER The grievance of the petitioners is that the respondent authorities are constructing the school building/additional buildings for school by demolishing the existing tombs in the land situated at Survey No. 49B-1 of Gamalapadu Village, which is classified as burial ground as per RSR of the village and being used as such by villagers since decades. 2. Heard Sri N.Bharat Babu, learned counsel for petitioners, Sri M.Sudheer, learned Standing counsel for Gram Panchayat. 3. Sri N.Bharat Babu, learned counsel for the petitioners, while reiterating the contents of the writ affidavit would contend that the Gram Panchayat filed counter affidavit admitting that the subject property is a burial ground but were contending that the same was classified as Grama Kantam on 29.03.1906 as per Re-settlement Register (RSR). He would further contend that the RSR filed along with the writ affidavit would clearly mentions that the subject site was classified as ‘burial ground’ and further the photographs filed would show the existence of tombs therein. Accordingly, prayed to allow the writ petition. 4. On the other hand, Sri M.Sudheer, learned Standing Counsel, would contend that the subject land was classified as Grama Kantam on 29.03.1906 as per Resettlement Register and the same was handed over to Mandal RC,J W.P.No.11715 of 2023 5 Educational Officer vide proceedings dated 20.07.2021 and the District Collector sanctioned additional class rooms. There is neither illegality nor procedural irregularity. The writ petition is misconceived and devoid of merit and the same deserves dismissal. Accordingly, prayed to dismiss the writ petition. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. The Re-Settlement Register filed along with the writ affidavit would clearly mentions the subject property as ‘a burial ground’. Despite taking a specific stand in the counter affidavit that the land was classified as ‘Grama Kantam’ on 29.03.1906 as per Re-Settlement Register, the authorities did not choose to substantiate the same by filing any documents. 7. In view of the above, since the subject property is classified as ‘a burial ground’ as per the Re-settlement Register produced by the petitioner, in the absence of any proof filed by the Panchayat Authorities, the classification of the subject land is presumed to be ‘a burial ground’. 8. In view of the above, this writ petition is disposed of, directing the authorities not to proceed with any constructions, unless the same is re- RC,J W.P.No.11715 of 2023 6 classified as ‘Grama Kantam’, if law permits. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI DATED 22ND day of December, 2025. RR