APHC010547782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29428/2025 Between: 1. RAJAPU NEELIMA, , W/O K BALA DURGA PRATHAPA KUMAR, AGED ABOUT 39 YEARS, R/O D.NO. 1-444/3, RAJEEV NAGAR, RAYUDU PALEM, RAMANAYYA PETA, KAKINADA, KAKINADA DISTRICT. 2. . ANGARA JANAKI RAMAYYA, , S/O A SATYANARAYANA, AGED ABOUT 38 YEARS, R/O D.NO.2-17, SIVALAYAM, NAVABUPETA, PENKERU, KAKINADA, KAKINADA DISTRICTS. 3. . RAJAPU LAKSHMI,, W/O RAJAPU RAJU, AGED ABOUT 58 YEARS, R/O D.NO.4-166/1, CHURCH PETA, VAKALAPUDI, KAKINADA, KAKINADA DISTRICT. 4. . GOLLAPALLI VEERABHADRARAO, , S/O G PAPAIAH, AGED ABOUT 73 YEARS, R/O D.NO.2-102, MADHAVAPURAM, ISUKAPALLI, KAKINADA DISTRICT. 5. . SHEIK MEERAKHAN,, S/O SK AJARAT, AGED ABOUT 52 YEARS, R/O D.NO.1-4-77/K/16, 17A, CHITTODI THOTA, OPP K V K T FUNCTION HALL, PITHAPURAM, KAKINADA DISTRICT. 6. KOLA SRINIVASARAO,, S/O KATCHI RAJU, AGED 2 VS,J W.P.NO.29428 OF 2025 ABOUT 51 YEARS, R/O D.NO.1-4-77/16, CHITTIODI THOTA, PITHAPURAM, KAKINADA DISTRICT. 7. TARAPATLA VEERA VENKATA SATYANARAYANA MURTHY,, S/O LATE T KRISHNA, AGED ABOUT 49 YEARS, R/O D.NO. 1-4-77/K/21. CHITTIODI THOTA, PITHAPURAM, KAKINADA DISTRICT. 8. GUTTULA SRINIVASA RAO,, S/O JANARDHANA RAO, AGED ABOUT 53 YEARS, R/O D.NO.9-305, RAMANAYYA PETA, KAKINADA, KAKINADA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE PITHAPURAM MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, PITHAPURAM, KAKINADA DISTRICT. 3. THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA. 4. THE TAHSILDAR, PITHAPURAM MANDAL, KAKINADA DISTRICT. 5. THE EXECUTIVE ENGINEER, IRRIGATIONS DEPARTMENT, KAKINADA DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, PITHAPURAM, KAKINADA DISTRICT. ...RESPONDENT(S): 3 VS,J W.P.NO.29428 OF 2025 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, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the Respondents in not taking any action against the unauthorised burring/burning the dead and making construction of tombs in the Municipal vacant land/Irrigation bund in without any licence from the Municipality in the residential area of Agraharam (Chittodi Thota), in Ward No.1 of Pithapuram Municipality, Kakinada District, is illegal, arbitrary, contrary to the provisions of A.P Municipalities Act, 1964 and the Rules made their under and also violative of Articles 14, 21 of Constitution of India and Consequently direct the Respondents to remove the tombs constructed and also prevent public from burying/burning their dead and making constructions of tombs in the vacant land stated supra and pass IA NO: 1 OF 2025 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 direct the Respondents to consider the representations, dt.05-02-2024, 12- 02-2024, 04-03-2024, 04-08-2025 and also the legal notice dt.24- 07- 2025, by directing the Respondents to prevent public from burying/burning their dead and making constructions of tombs in the Municipal vacant land/Irrigation bund in the residential area of Agraharam (Chittodi Thota), in Ward No.1 of Pithapuram Municipality, Kakinada District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For 4 VS,J W.P.NO.29428 OF 2025 Municipalities 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD 4. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 5 VS,J W.P.NO.29428 OF 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the Respondents in not taking any action against the unauthorised burring/burning the dead and making construction of tombs in the Municipal vacant land/Irrigation bund in without any licence from the Municipality in the residential area of Agraharam (Chittodi Thota), in Ward No.1 of Pithapuram Municipality, Kakinada District, is illegal, arbitrary, contrary to the provisions of A.P Municipalities Act, 1964 and the Rules made their under and also violative of Articles 14, 21 of Constitution of India and consequently direct the Respondents to remove the tombs constructed and also prevent public from burying/burning their dead and making constructions of tombs in the vacant land stated supra ….” 2. The petitioner No.1 purchased land admeasuring 145 Sq.yrds out of Ac.2-8483 cents in Sy.No.157/2, vide L.P.No.6/2008/R-1, of Agraharam (Pithapuram) in Ward No.1 of Pithapuram Municipality, Kakinada District (erstwhile) East Godavari District. Likewise, the 2nd respondent is the absolute owner and possessor of land admeasuring 142 sq.yards out of 6 VS,J W.P.NO.29428 OF 2025 Ac.2-8483 cents in Sy.No.157/2 vide L.P.No.6/2008/R-1, of the same locality. 3. The vacant land on the southern side of the 1st petitioner’s land belongs to one Mr.Allubyina Satyanarayana and adjacent to that, an irrigation canal is situated and on the northern side of the said canal, an irrigation bund subsists. The vacant site just prior to the said irrigation bund belongs to the 2nd respondent which in fact is situated on the south–east corner of the 1st petitioner’s property. The grievance of the petitioners is that though the said locality is a residential area, few unknown persons brought dead bodies of their relatives and cremated in the land that belongs to 2nd respondent without any license for cremating dead bodies as required under the provisions of the Andhra Pradesh Municipalities Act, 1965. 4. The petitioners submitted representations on 05.02.2024, 12.02.2024, 04.03.2024 and 04.08.2025 to the respondent Nos.2 & 3 requesting them to take necessary action. However, no action has been initiated in pursuance of the said representations. Aggrieved thereby, the present writ petition has been filed. 7 VS,J W.P.NO.29428 OF 2025 5. Heard learned counsel for the petitioners and Smt. V.Sireesha, learned Standing counsel appearing for the 2nd respondent. 6. Learned Standing counsel appearing for the 2nd respondent has admitted the fact that some unknown persons have buried dead bodies in the said land and requested this Court to dispose of the writ petition by directing the 2nd respondent to pass appropriate orders on the representation dated 04.08.2025 submitted by the petitioners. 7. In view of the above, instead of going to merits of the case, the writ petition is disposed of directing the 2nd respondent to take appropriate action pursuant to the representation dated 04.08.2025 submitted by the petitioners, in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. No costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 29.10.2025 LSP 8 VS,J W.P.NO.29428 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29428/2025 Dated: 29.10.2025 LSP