APHC010486932025 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. KURAPATI DHARMA RAO, , S/O. ANJAIAH AGED ABOUT 65 YEARS, OCC CULTIVATION R/O. NARASANNAPALEM, BOGOLE POST LINGAPALEM MANDAL, ELURU DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. 3. THE TAHSILDAR, LINGAPALEM MANDAL LINGAPALEM, ELURU DISTRICT. 4. THE KONIJERLA GRAM PANCHAYAT, KONIJERLA, MANDAL, ELURU DISTRICT, REPRESENTED BY ITS SECRETAR 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 appropriate order or direction more particularly, one in the nature of Writ of MANDAMUS declaring the action of the 4th respondent in resorting to recognize and notify the road cum flood drain canal (stream) situated in Sy. Nos. 99, 100 and 101 Eluru District, as a burial ground or for any other unauthorized purpose, by allowing burials therein, as illegal, ultra vires, arbitrary, malafide, apart from 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: 25213/2025 KURAPATI DHARMA RAO, , S/O. ANJAIAH AGED ABOUT 65 YEARS, OCC CULTIVATION R/O. NARASANNAPALEM, BOGOLE POST LINGAPALEM MANDAL, ELURU DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. THE TAHSILDAR, LINGAPALEM MANDAL LINGAPALEM, ELURU THE KONIJERLA GRAM PANCHAYAT, KONIJERLA, MANDAL, ELURU DISTRICT, REPRESENTED BY ITS SECRETAR ...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 issue an appropriate order or direction more particularly, one in the nature of Writ of MANDAMUS declaring the action of the 4th respondent in resorting to recognize and notify the road cum flood drain canal (stream) situated in Sy. Nos. Nos. 99, 100 and 101 of Konijerla Village, Lingapalem Mandal, Eluru District, as a burial ground or for any other unauthorized purpose, by allowing burials therein, as illegal, ultra vires, arbitrary, malafide, apart from IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KURAPATI DHARMA RAO, , S/O. ANJAIAH AGED ABOUT 65 YEARS, OCC CULTIVATION R/O. NARASANNAPALEM, BOGOLE ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. THE TAHSILDAR, LINGAPALEM MANDAL LINGAPALEM, ELURU LINGAPALEM MANDAL, ELURU DISTRICT, REPRESENTED BY ITS SECRETAR ...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 issue an appropriate order or direction more particularly, one in the nature of Writ of MANDAMUS declaring the action of the 4th respondent in resorting to recognize and notify the road cum flood drain canal (stream) of Konijerla Village, Lingapalem Mandal, Eluru District, as a burial ground or for any other unauthorized purpose, by allowing burials therein, as illegal, ultra vires, arbitrary, malafide, apart from being in violation of Article 300-Aof the Constitution of India and the order dated 23.08.2017 in W.P. No. 28306 of 2017, and consequently direct the respondents not to recognize, notify, or make any constructions or burials on the said road cum flood drain canal (stream) leading towards Timmasanigandi Tank situated in Konijerla Village, Lingapalem Mandal, Eluru District, from the agricultural land of the petitioner and others, in the interest of justice and pass such 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 may be pleased to direct the 4th respondent not to proceed with any further burials, recognition, or notification of the road cum flood drain canal (stream) situated in Sy. Nos. 99, 100 and 101 of Konijerla Village, Lingapalem Mandal, Eluru District, pending disposal of the above writ petition in the interest of justice and pass such Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following: ORDER This writ petition is filed questioning the action of respondent no.4 in resorting to recognize and notify the road cum flood drain canal (stream) situated in survey Nos.99,100 and101 of Konijerla village, Lingapalem Mandal, Eluru District as a burial ground. 2. The respondent no.4-Panchayat filed counter categorically mentioning therein at para-7 that no notification was issued recognizing the stream in Survey Nos.99,100 and 101 as burial ground and no burials are permitted in the subject site as alleged by the petitioner and thereis no such proposal. 3. Sri Kambhampati Ramesh Babu, learned counsel, prayed to close the writ petition recording the contents of the counter affidavit. 4. In view of the above, since the authorities stated that there is no proposal for notifying the stream situated in Survey Nos.99,100 and 101 as burial ground, this writ petition is closed. 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