IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 25509 of 2008 Between: Indian Youth Secured Organisation, Regd. Under Societies Registration Act 35, 2001 vide Regd. No.287/2007, Corporate Office: 1-5-276/288 [New] Kaman to Rose Theater road, Karimnagar, rep. by President Ghansham Ojha. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. By its Principal Secretary, Revenue Department, Secretaria, Hyderabad. 2 The Director of Municipal Administration, Government of Andhra Pradesh, Hyderabad. 3 The District Collector, Karimnagar, Karimnagar District. 4 The Superintendent of Police, Karimnagar, Karimnagar District. 5 The Commissioner, Municipal Corporation, Karimnagar, Karimnagar District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in dismantling the foundation stone of MUKTHI DHAM GRAVE YARD, KARIMNAGAR and obstructing the petitioner organization to commence the development activities in the MUKTHI DHAM GRAVE YARD, KARIMNAGAR as against the public interest, illegal, arbitrary, unjust against the principles of natural justice and contrary to the fundamental rights guaranteed under the Constitution consquently direct the respondents to allot the graveyard land, situated at Manair river bank, By- Pass Road, Near Hanumanji Temple, Karimnagar, Karimnagar District to the petitioner organisation for MUKTHI DHAM GRAVE YARD, KARIMNAGAR in the larger interest of the general public and pass Counsel for the Petitioner:MR.K.SYAM PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO: 25509 of 2008 ORAL ORDER: (Per Sri Anil R. Dave, CJ) This is a public interest litigation wherein the petitioner – organization has prayed for a direction to the effect that respondent no.5 – Municipal Corporation, Karimnagar be directed to allot some land situated at Manair river bank, Karimnagar so that the petitioner- organization can develop it for the purpose of using it by public as burial/cremation ground. It is the case of the petitioner that the petitioner-organization had put up foundation stone on the land in question which has been removed by respondent no.5 – Corporation and thereby the petitioner has not been permitted to construct grave yard/crematorium which is really required at Karimnagar. In pursuance of notice issued by this Court, the learned advocate appearing for respondent no.5 has filed counter affidavit and has submitted that the land in question had not been granted to the petitioner-organization and even possession of the land in question had not been given to the petitioner – organization. Moreover, no permission has evern been granted by respondent no.5 for using the land in question as a burial/cremation ground. In the circumstances, according to the learned advocate appearing for respondent no.5, the petitioner – organization has no right to construct or develop a burial ground or crematorium on the land, which belongs to respondent no.5. We have heard the learned advocates and have gone through the relevant papers. In our opinion, the petitioner-organization has no right to get the land from respondent no.5 – Corporation for development of a crematorium or burial ground. In our opinion, there is no legal or fundamental right of the petitioner-organization, which has been violated and there is no duty cast upon the respondent No.5 to allot or release land to the petitioner organization for developing the same as burial ground/graveyard. In the circumstances, we do not find any substance in the petition. The petition is rejected with no order as to costs. ___________________ ANIL R. DAVE, CJ _____________________________ RAMESH RANGANATHAN, J 2nd Feburary, 2009 asp Note: Issue C.C. today. B/o asp