IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.11617 OF 2003 Dt.09.2.2010 Between: Birisetti Rama Rao … Petitioner And The Govt. of Andhra Pradesh A.P. Panchayat Raj Department Rep. by its Principal Secretary Secretariat, Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.11617 OF 2003 ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1 to 7 in not preventing respondent Nos.9 to 13 from burying dead bodies on the bund of Panchanadi at Bendamurlanka and Komaragiripatnam Villages of East Godavari District, without licence under Section 86 of the A.P. Panchayat Raj Act, 1994, as illegal and arbitrary. The petitioners sought for a consequential direction to respondent Nos.1 to 7 not to allow respondent Nos.9 to 13 to bury dead bodies over the said land. At the hearing, learned Counsel for the petitioners submitted that in view of the interim order granted by this Court on 19.6.2003, respondent Nos.9 to 13 stopped burying the dead bodies. Among the official respondents, respondent No.5 only filed counter affidavit wherein he has stated that no permission was granted by the respondents for burying dead bodies on the berm portions or on the bank of the canal and that the burial of dead bodies on the said portions is wholly unacceptable, as during the floods the corpses may cause contamination of water apart from disturbing the earthen bunds resulting in their breaches and inundation of the ayacut area. Respondent Nos.9 to 13 have not filed any counter affidavit claiming that they were granted licence or permission by the competent authority for burial of dead bodies. In view of the same, the Writ Petition is allowed. Respondent Nos.9 to 13 are restrained from burying dead bodies on the bund/berm portions of Panchanadi Canal at Bendamurlanka and Komaragiripatnam Villages. As a sequel to disposal of the Writ Petition, W.P.M.P. No.14467 of 2003 filed by the petitioners is also disposed of. ______________________ C.V. NAGARJUNA REDDY, J 09.2.2010 bnr