APHC010535332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27925/2025 Between: 1. P. BALANJANEYA REDDY,, S/O LATE SIVANARAYANA REDDY, AGED ABOUT 49 YEARS, HINDU, R/O YEDUGUNDLAPADU VILLAGE, MADDIPADU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLETOR, PRAKASAM DISTRICT, ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, ONGOLE DIVISION, ONGOLE. 4. THE TAHSILDAR, MADDIPADU MANDAL, PRAKASAM DISTRICT. 5. THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT, ONGOLE. 6. THE EDUGUNDLAPADU GRAMPANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, MADDIPADU MANDAL, PRAKASAM 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 to issue Writ, Order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the Respondents are attempting to allot land for burning ground/cremation site near to drinking water tank in Sy No. 202/2 for an extent of Ac 0.30 cents in Yedugundlapadu Village, Maddipadu Mandal, Ongole District without considering the representation of the petitioner and without following due process of law as illegal, arbitrary and in violation of Article 14, 21 and Article 47 of the Constitution of India and AP Panchayat Raj act and APWALTA ACT provisions and consequently direct the respondents not to allot the land for cremation site/burning ground and protect the existing burning/burial ground from the encrochers 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 to direct the Respondents to consider the representation dated 08.05.2025 submitted by the petitioner and pass Counsel for the Petitioner: 1. SOURI BABU DUPPATI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: The case of the petitioner is that certain encroachers have occupied the existing burial ground on the western side of the Yedugundlapadu village and obstructing its use. A representation dated 08.05.2025 was made in that regard to the respondents but no action was taken. Instead, the respondents are now proposing to allot a site for cremation near the drinking water tank situated in Sy.No.202/2 (extent Ac.0.30cents) on the northern side of the village which leads to water pollution and health hazards. Hence the writ petition. 2. Heard D.Souri Babu, learned counsel for the petitioner, Sri K.M.Krishna Reddy, learned Government Pleader for Revenue, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Smt Naga Chandrika, learned Assistant Government Pleader for Gram Panchayat. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that, though a representation (dated 08.05.2025) was made to the respondents regarding the encroachments made on the existing burial ground on the western side of the village, instead of taking action on the same, the respondents are trying to allot some other land for cremation near the drinking water tank situated in Sy.No.202/2 (extent Ac.0.30cents) on the northern side of the village. He further submitted that the said drinking water tank is the sole source of potable water for the villagers and establishing a burial ground adjacent to the said water tank leads to water pollution and health issues apart from affecting the right to life of all villagers including the petitioner. As such prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned counsel for the respondents on instructions, in one voice, contended that, there are no encroachments in the said land as alleged by the petitioner but the panchayat authorities have laid stones around the land measuring Ac.0.30 cents in Sy.no.202/2 of Yedugundlapadu village to safeguard the government property and some of the elders of the village have constructed a compound wall at basement level to restrict any encroachments in the said land. Further, there is no proposal for allotment of land for cremation in Sy.No.202/2 measuring Ac.0.30 cents as alleged by the petitioner. They further submitted that the petitioner had filed the present writ petition on mere apprehension and accordingly prayed to dismiss the writ petition. 5. Perused the record and considered the submissions of learned counsel for respective parties. 6. The main grievance of the petitioner is that the existing burial ground in the Yedugundlapadu village was encroached and the respondents, without considering the representation made in that regard, are trying to allot some other land for cremation near the drinking water tank situated in Sy.No.202/2 (extent Ac.0.30cents) on the northern side of the village leading to water pollution and health issues. A perusal of the written instructions of the respondent authorities placed on record would show that, there are no encroachments in the said land and the panchayat authorities have laid stones around the said land to safeguard the government property and some of the elders of the village have constructed a compound wall at basement level to restrict any encroachments. Further, there is no proposal for allotment of land for cremation in Sy.No.202/2 measuring Ac.0.30 cents as alleged by the petitioner. In view of the same there remains nothing for adjudication and the writ petition is liable to be closed. Accordingly, the writ petition is closed. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS