IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.22126 of 2007 Between: K. Yesuratnam ... PETITIONER a n d The District Collector, Prakasam district at Ongole and others … RESPONDENTS ORDER: This writ petition has been filed by K. Yesuratnam with a prayer to issue a writ of Mandamus declaring the order in proceedings Rc.No.E1-747-2007 dated 04-10-2007 issued by the District Collector, Prakasam district at Ongole as illegal, arbitrary and contrary to principles of natural justice. 2. The petitioner is resident of Darsiguntapeta village, Chandrasekharapuram mandal, Prakasham district. According to the petitioner, an extent of Ac.0.30 cents of land in Sy.No.124/2 is being exclusively used as burial ground for the persons of Scheduled Caste community in Darsiguntapeta village. The District Collector, Prakasham – first respondent issued proceedings in Rc.No.E1-747-2007 dated 04-10-2007 allotting total extent of Ac.2-99 cents in Sy.No.124/2 and an extent of Ac.2-04 cents in Sy.No.124/3 for construction of Z.P. High School at Darsiguntapeta village. The said proceedings is assailed in this writ petition. 3. It is the grievance of the petitioner that Ac.0-30 cents of land in Sy.No.124/2 is exclusively used as burial ground by the Scheduled Caste community people and therefore, allotting the same land for construction of school violates the right of the Scheduled Caste community people of his village. 4. The third respondent filed counter-affidavit. It is stated in the counter-affidavit that an extent of Ac.1-00 cents in Sy.No.44/2 has already been assigned for the purpose of burial grounds of Scheduled Caste community people vide proceedings Rc.No.B.121/2007 dated 20-04-2007. For better appreciation, I may refer paragraph No.7 of the counter-affidavit, which reads as hereunder: “In reply to paragraph – VII of the petitioner’s affidavit, it is submitted that, after thorough enquiry, the Collector, Ongole has alienated and permitted the Tahsildar for handing over the possession of the land in Sy.No.124/2 and 3 of Darsigunta peta village by excluding the Burial ground land which is already having tombs in an extent of Ac.0-30 cents vide Rc.E1.747/2007, dated 04-10-2007. As the construction of school building is a public purpose and the S.Cs., are not now using the land as burial ground, they are using the Cheruvu Thottu and Forest land which is nearer to their cherry. Even though the Tahsildar has resumed an extent of Ac.1-00 cents from the already assigned land in Sy.No.44/2 and issued proceedings vide Rc.B.121/2007 dated 20-04-2007 for the purpose of S.Cs., burial ground.” 5. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue. 6. Learned counsel appearing for the petitioner submits that as Ac.0-30 cents of land in Sy.No.124/2 is exclusively used as burial ground by the Scheduled Caste community people, allotting the same land for construction of Z.P. High school vide proceedings Rc.No.E1-747-2007 dated 04-10-2007 issued by the first respondent violates the right of the Scheduled Caste community people of his village and therefore, the said proceedings are liable to be quashed. 7. Learned Assistant Government Pleader for Revenue submits that an extent of Ac.1-00 cents in Sy.No.44/2 has already been assigned to the Scheduled Caste community people for using it as a burial ground and therefore, the petitioner cannot have any grievance. 8. Indisputably, an extent of Ac.1-00 cents in Sy.No.44/2 has already been assigned to the Scheduled Caste community people for using it as a burial ground. Such is the situation, the petitioner cannot have any grievance for allotment of land admeasuring Ac.0-30 cents in Sy.No.124/2 of Darsiguntapeta village for construction of Z.P. High School. Hence, the writ petition is devoid of merits. 9. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________________________ B. SESHASAYANA REDDY, J July 27, 2010. PN THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.22126 of 2007 July 27, 2010