APHC010065132023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3208/2023 Between: 1. KOGANTI SURESH BABU, S/O. RADHAKRISHNA MURTHY, AGED 54 YEARS OCC. PRIVATE EMPLOYEE, R/O. 6-19, JAMPANI VILLAGE, VEMURU MANDAL, BAPATLA DISTRICT. ...PETITIONER AND 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH A.P. SECRETARIAT, VELAGAPUDI. 2. THE DISTRICT COLLECTOR PANCHAYAT RAJ DEPT, BAPATLA DISTRICT. 3. THE COMMISSIONER, GRAM PANCHAYAT, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, BAPATLA 5. THE DIVISIONAL PANCHAYAT OFFICER, REPALLE MANDAL, BAPATLA DISTRICT. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, VEMURU MANDAL, BAPATLA DISTRICT. 7. THE EXECUTIVE OFFICER, PANCHAYAT RAJ DEPARTMENT, VEMURU, BAPATLA DISTRICT. 8. JAMPANI GRAM PANCHAYAT, VEMURU MANDAL, BAPATLA DISTRICT. REP. BY ITS SECRETARY. ...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 writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in cutting the trees, laying the roads and releasing the drainage water in to the burial ground by constructing channel in the land measuring Ac.3.23 cents in R.S. No.428 of Jampani Village, Vemuru Mandal, Bapatla District which was allotted for Hindus burial ground as bad, illegal, arbitrary, and violative of articles 14, 21 and 25 of constitution of India and consequently direct the respondents not to make any illegal constructions, releasing the drainage water and laying the roads in the burial ground and to pass IA NO: 1 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 direct the 2nd respondent to consider the representation dated 9-9-2022 and pass Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: Declaring the action of the respondents in cutting the trees, laying the roads and releasing the drainage water into the burial ground by constructing channel in the land to an extent of Ac.3.23 cents in R.S.No.428 of JampaniVillage, Vemuru Mandal, Bapatla District, which was allotted for Hindus burial ground, as illegal, arbitrary, present writ petition is filed. 2. Heard Sri D.V.Sasidhar, learned counsel for the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that inspite of bringing it to the notice of the authority concerned about the acts done by the respondentsby way of representation dated 09.09.2022, no action has been initiated nor taken any steps in accordance with law, the petitioner approached this Court by way of this writ petition and this Court, on 09.02.2023, granted status quo order protecting the interest of the petitioner. He further submitted that it would suffice for the time being if a direction is given to the respondent authorities to take steps on the petitioners representation in accordance with law and prayed to pass appropriate orders. 4. On the other hand, learned Standing Counsel on counter contended that the averments so advanced by the petitioner are not correct and they are not releasing drainage water into the burial ground and there is an existing pathway in the subject property and the same was untouched. Insofar as, cutting trees is concerned, in order to straighten the pits and crumbles in the burial grounds land the clay soil was laid and weeds were plucked out. He further submitted that in the event of any further proposals this answering respondent will act in accordance with law, as such, the writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by the learned counsel. 6. There is no material placed on record to substantiate the averments made by the petitioner.The contention so advanced by the learned Assistant Government Pleader are to the effect that the respondents are not releasing drainage water into the burial ground. A perusal of the counter would indicate that in the event of any further proposals the answering respondent will act in accordance with law, as such, as the respondents have an intention to take steps in accordance with law, there is no purpose in keeping the writ petition pending and the writ petition is liable to be disposed of. 7. Accordingly, the Writ Petition is disposed of.However, in the event of any proposals, the respondents are directed to take steps in accordance with law.There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 06th November, 2025 RKS