APHC010086812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE 10th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 5204/2026 Between: 1. M SHREENIVAAS, S/O LATE M. SIVARAMAIAH, AGED ABOUT 66 YEARS, OCCFARMER, R/O H.N0.45-142-K-69/1, AMIN ABBAS NAGAR, KURNOOL CITY, KURNOOL DISTRICT, ANDHRA PRADESH - 518003, ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH - 522503. 2. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH - 522503. 3. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL - 518001. 4. 4. THE REVENUE DIVISIONAL OFFICER / SUBCOLLECTOR, KURNOOL DIVISION, KURNOOL DISTRICT - 518001. 5. 5. THE TAHSILDAR / MANDAL REVENUE OFFICER, KURNOOL RURAL MANDAL, KURNOOL DISTRICT - 518001. 6. NANDANAPALLE GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, NANDANAPALLE VILLAGE, KURNOOL RURAL MANDAL, KURNOOL DISTRICT 518 001. CAUSE TITLE IS AMENDED AS PER THE COURT'S ORDER DT.17.03.2026 IN I.A.NO.02 OF 2026. 7. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, KURNOOL - 518001. ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in preventing/curbing unauthorised burials on/near the sub-channel of K.C. SRK, J W.P.No.5204 of 2026 2 Canal bund (a public/departmental asset), situated about 40 feet from the petitioners land in Survey No.204/1B, admeasuring Ac. 1.20 cents, situated at Nandanapalle Village, Nandanapalle Gram Panchayath (erstwhile Rudravaram Gram Panchayat), Kurnool Rural Mandal, Kurnool District as illegal, arbitrary, and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently, direct the Respondents 3 to 7 to immediately stop any and all burials at the disputed spot on/near the sub- channel of the K.C. Canal bund and its margins/approach area and pass IA NO: 1 OF 2026 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 3 to 7 to immediately stop any and all burials at the disputed spot on/near the sub-channel of the K.C. Canal bund and its margins/approach area in Survey No.204/1B, admeasuring Ac.1.20 cents, situated at Nandanapalle Village, Nandanapalle Gram Panchayath (erstwhile Rudravaram Gram Panchayat), Kurnool Rural Mandal, Kurnool District and pass IA NO: 2 OF 2026 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 Permit the petitioner to amend the cause title by substituting the 6th Respondent as:"Nandanapalle Gram Panchayat represented by its Panchayat Secretary Nandanapalle Village Kurnool Rural Mandal Kurnool District 518001" instead of the Panchayat Secretary Nandanapalle Gram Panchayat Nandanapalle Village Kurnool Rural Mandal Kurnool District 518001 and pass IA NO: 3 OF 2026 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 grant leave to the Petitioner/ respondent No. 6 to file the counter affidavit and pass Counsel for the Petitioner: 1. ISMAIL SHAIK Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: SRK, J W.P.No.5204 of 2026 3 O R D E R Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, learned Assistant Government Pleader for Revenue, learned Standing Counsel for Gram Panchayat, and the learned Assistant Government Pleader for Home. 2. This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in preventing/curbing unauthorized burials on/near the sub-channel of K.C.Canal Bund (a public/departmental asset) situated about 40 feet from the petitioner’s land in Survey No.204/1B, admeasuring Ac.1.20 cents situated at Nandanapalle Village, Nandanapalle Gram Panchayat (erstwhile Rudravaram Gram Panchayat), Kurnool Rural Mandal, Kurnool District, as illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India and consequently, direct the respondents 3 to 7 to immediately stop any and all burials at the disputed spot on/near the sub-channel of K.C.Canal bund and its margins/approach area and pass such other order or orders …” 3. Grievance of the petitioner is that, he is the absolute owner and possessor of agricultural land bearing Survey No.204/1B, admeasuring Ac.1.20 cents situated at Nandanapalle Village, Nandanapalle Gram Panchayat (erstwhile Rudravaram Gram Panchayat), Kurnool Rural Mandal, Kurnool District, and he has been in continuous and peaceful possession of the subject property. The SRK, J W.P.No.5204 of 2026 4 petitioner never consented to any activity that causes nuisance or affects the dignity and safety of the locality. The subject property is situated in a sensitive and of public importance place, as it is in the vicinity of Yellamma Temple. (b) While the things stood thus, certain persons of Nandanapalle Village started conducting new burials at a disputed spot, which is adjacent to the subject land, falsely to be on/near the sub-channel of K.C.Canal bund and such activity is being repeated, despite objections. The said disputed spot is situated about 40 feet from the subject land boundary. It is the grievance of the petitioner that the burials are being carried out at a place, which is not lawfully earmarked for such purpose, and it is causing nuisance and tension in the locality and generating repeated disputes. If such activity is allowed to continue unchecked, the wrongdoers may attempt to treat the place as a regular burial spot. Hence, the Writ Petition. 4. Respondent No.6 filed counter-affidavit denying the contents of the Writ affidavit, inter alia contending that an extent of Ac.1.20 cents in Survey No.204/1B of Nandanapalle Village, Nandanapalle Gram Panchayat is classified in the revenue records as Kunta Poramboke, which is Government Land, earmarked for public purpose and not notified or classified as a burial ground; that a 30 feet SRK, J W.P.No.5204 of 2026 5 wide road exists through the subject land, and the said road is being used by the villagers for access and other public purposes; that on certain occasions, some villagers have attempted to use a portion of the subject land for burial of dead bodies, however, such use is wholly unauthorized and without any permission from the competent authority. That no approval, sanction or permission has been granted by the Gram Panchayat or any competent authority for utilizing the subject land as a burial ground. The land has never been officially notified, earmarked or reserved for burial purposes. (b) The respondent No.6, on noticing such unauthorized attempts, immediately advised and instructed the villagers not to use the subject land for burial purposes, as the same is Government land, classified as Kunta Poramboke and contains a public road; that the Gram Panchayat took necessary steps to prevent any unauthorized burial activity on the subject land, and as on the date of filing of the counter-affidavit, the subject land is not being used as a burial ground and no burials are being permitted therein. Hence, it is prayed to dismiss the Writ Petition. 5. Perused the material available on record. 6. A perusal of the material on record goes to show that certain persons of Nandanapalle Village started conducting new SRK, J W.P.No.5204 of 2026 6 burials at a disputed spot, which is adjacent to the agricultural land belonged to the petitioner, bearing Survey No.204/1B, admeasuring Ac.1.20 cents situated at Nandanapalle Village, Nandanapalle Gram Panchayat (erstwhile Rudravaram Gram Panchayat), Kurnool Rural Mandal, Kurnool District. It is the contention of learned counsel for the petitioner that the said disputed spot is situated about 40 feet from the petitioner’s subject land boundary and it is not lawfully earmarked for such purpose, and it is causing nuisance and tension in the locality and generating repeated disputes. 7. Today, when the matter is taken up for hearing, learned counsel for the petitioner submits that recording the contents made at paragraph No.5 of the counter-affidavit filed by respondent No.6, the Writ Petition may be disposed of. 8. For the sake of clarity, paragraph No.5 of the counter- affidavit of 6th respondent is extracted hereunder: “5. It is submitted that on noticing such unauthorized attempts, the Gram Panchayat immediately advised and instructed the villagers not to use the subject land for burial purposes, as the same is Government land classified as Kunta Poramboke and contains a public road. It is submitted that the Gram Panchayat has taken necessary steps to prevent any unauthorized burial activity on the subject land. As on the date of filing this counter-affidavit, the subject land SRK, J W.P.No.5204 of 2026 7 is not being used as a burial ground, and no burials are being permitted therein.” 9. Since the Gram Panchayat has taken necessary steps to prevent any unauthorized burial activity in the subject land, recording the contents of paragraph No.5 of the counter-affidavit of 6th respondent, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 10th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓