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APHC010510662018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 24025/2018 Between:
1. SEELAM RAMA RAO, S/O.LATE SINGAIAH, AGED ABOUT 53 YEARS, OCC. CULTIVATION AND SARPANCH, R/O.DOOR NO.1-45- 2, 3RD ROAD, MATTIPADU-VEMULAPADU VILLAGE, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND
1. STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. REVENUE DIVISIONAL OFFICER, ONGOLE REVENUE DIVISION, ONGOLE CITY, PRAKASAM DISTRICT. 4. TAHSILDAR, SANTHANUTHALAPADU 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 toto issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 to 4 in proposing to form a burial ground in the existing donka/street in Survey No.201 of Mattipadu-Vemulapadu Revenue village in Santhanuthalapadu mandal of Prakasam District by narrow down the donka'street, as illegal,
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arbitrary, violation of principles of natural justice, contrary to Revenue Board Standing Orders and consequently direct the respondents not to form any burial ground in existing donkaistreet in Survey No.201 of M.Vemulapadu Revenue village in Santhanuthalapadu Mandal of Prakasam District and not to interfere in any manner into the existing donkaJstreet for an extent of Ac.3.27 cents in Survey No.201 of Mattipadu-Vemulapadu Revenue village in Santhanuthalapadu Mandal of Prakasam District pass IA NO: 1 OF 2018 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 petitioners representation dated 14-05- 2018 for formation of burial ground in an extent of Ac.5.13 cents in Survey No.238 of Mattipadu-Vemupapadu Revenue village in Santhanuthalapadu Mandal of Prakasam, District, pending disposal of the main writ petition and pass Counsel for the Petitioner:
1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S):
1. GP FOR REVENUE (AP)
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The Court made the following ORDER:
Heard learned counsel appearing for the petitioner as well as learned Assistant Government Pleader for Revenue. 2.
The primary objection raised by the petitioner is that the respondents intend to establish a burial ground in the existing donka/street in Sy.No.201 of Mattipadu-Vemulapadu Revenue Village of Santhanuthalapadu Mandal, Prakasam District. 3. During the course of the hearing, learned Assistant Government Pleader for Revenue submitted that on 19.01.2009, the Collector and District Magistrate, Prakasam District, vide proceedings in D.Dis.E1-5361-2008, had already submitted proposals to the Revenue Divisional Officer for converting the subject land into a burial ground. 4. In the counter-affidavit filed by respondent No.4 it is specifically stated that the land in Sy.No.246/2 is not situated adjacent to Sy.No.201 and further, the Sy.No.246/2 is situated on the northern side of the Sy.No.201 of M. Vemulapadu Village, at a distance of nearly three-forth kms from the Sy.No.201. 5. The writ petition is filed to declare the action of respondent Nos.2 to 4 in proposing to form a burial ground in the existing donka/street in Survey No.201 of Mattipadu-Vemulapadu Revenue village in Santhanuthalapadu mandal of Prakasam District. Since the respondents have already taken a decision vide proceedings in D.Dis.E1-5361-2008, dated 19.01.2009, the petitioner, without challenging the said proceedings, has filed the present writ petition. 6. In view of the same, the Writ Petition stands dismissed. However, it is open for the petitioner to question the proceedings of the Collector & District
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Magistrate, Prakasam at Ongole, dated 19.01.2009. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 03.02.2026 KAS
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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 24025/2018
Dated: 03.02.2026 KAS