IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE TWENTY EIGHTH DAY OF AUGUST, TWO THOUSAND NINE WRIT PETITION No.4222 of 2002 Between: Y. Subba Lakshmi & others. … Petitioners And District Collector, Anantapur, Anantapur District & others. … Respondents Counsel for the petitioners : Smt. A. Chaya Devi Counsel for respondents 1-3: GP for Revenue Counsel for respondent No.4: Sri S.I. Newton Counsel for respondent No.5:GP for Municipal Administration This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4222 of 2002 ORDER:- This writ petition is filed for a Mandamus to declare the action of the respondents in constructing crematorium in Sy.No.86/5 of Papampet Shothrium Village, Road No.VI of Anantapur Municipality and blocking the roads including 60’ wide road shown in the master plan, as illegal and arbitrary. The petitioners are some of the owners of the plots situated in Sy.No.86/5 of Papampet Shothrium village within the Anantapur Municipality (presently Municipal Corporation). The case of the petitioners is that the said land was originally comprised in Sy.No.86/2 being part of an extent of Ac.2.79 cents. One Chowdoji Rao was the original owner of the said property, having purchased the same from Shotriumdars under three registered sale deeds in the year 1962. On 24.10.1975, the settlement officer granted ryotwori pattas in favour of the said Chowdoji Rao for Ac.2.57 cents under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948. The said property was sold by the said Chowdoji Rao to the petitioners’ vendors in the year 1981. The petitioners’ vendors have got the survey number sub-divided on 26.04.1984, that by virtue of the same, the land in Sy.No.86/2 was sub-divided into Sy.Nos.86/2 and 86/5 and that the extent of Ac.2.57 cents purchased by the said Chowdoji Rao was included in the newly carved out Sy.No.86/5. Two organizations, namely; The Arya Vysya and the Brahmin sanghams filed Estates Abolition Appeal Nos.6/83 and 2/87 respectively before the Estates Abolition Tribunal, Anantapur (for shot, “the Tribunal”). The said appeals were dismissed on 27.04.1989. Aggrieved by the said order, the two sanghams filed WP.Nos.1383 and 4308 of 1990 in this Court, wherein they have impleaded the petitioners’ vendors and also the revenue authorities. The said writ petitions viz., The Arya Vysya Sangam, New Town, Ananthapur, rep., by its President vs. The Settlement Officer, Nellore and others and Brahmana Sangam, rep., by its Secretary, Anantapur vs. The Settlement Officer, Nellore and others[1] were dismissed by order dated 14.02.1996. Thereafter, the revenue officials filed an appeal against order dated 24.10.1975 of the settlement officer with an application for condonation of delay before the Tribunal. The said application was dismissed by the Tribunal by its order dated 11.04.2000. According to the petitioners, order dated 14.02.1006 passed in The Arya Vysya Sangam (supra) has become final. The grievance of the petitioners is that despite unequivocal declaration of title of their vendors through whom they derived the absolute title, respondent No.3 has illegally occupied a part of their plots situated in Sy.No.86/5 in order to construct an electric crematorium and also started raising compound wall blocking the 60’ wide road. Separate counter affidavits have been filed on behalf of respondent Nos.1 to 3 and also by respondent No.5. In the counter affidavit filed on behalf of respondent Nos.1 to 3, the above facts have not been disputed. The fact that ryotwari patta in respect of Ac.2.57 cents was granted in favour of Chowdoji Rao and the orders passed dismissing the writ petitions, which have become final, has been admitted. However, it has been contended that a civil suit, namely; O.S.No.232 of 1980 was filed by the vendors of the petitioners for injunction and that the said suit was dismissed with the finding that the land in question was being used as burial ground and that the vendors of the petitioners have failed to establish their possession over the suit scheduled property. I have carefully perused the record. In The Arya Vysya Sangam (supra), this Court gave a categorical finding that by virtue of the statement of sub-division, the land, which was originally situated in Sy.No.86/2, was separated and for the extent of Ac.2.57 cents a new survey number was given as 86/5 and that there was no illegality in the order passed by the settlement officer as confirmed by the Tribunal granting ryotwari pattas in favour of Chowdoji Rao, the predecessor-in-title of the petitioners. Irrespective of whether the petitioners’ vendors failed to get an order of injunction from the civil Court, respondent No.3 has no authority to enter into the land to the extent of Ac.2.57 cents situated in Sy.No.86/5. As observed by this Court in The Arya Vysya Sangam (supra), only the extent of Ac.0.22 cents in Sy.No.86/2 can be utilized as burial ground. Therefore, respondent No.3 has no right in law either to interfere with the petitioners’ possession and occupation of the plots forming part of Ac.2.57 cents in Sy.No.86/5 or make use of any part of the said land for construction of crematorium and raise a compound wall blocking the road leading to the plots or for any other purpose. Subject to the above observations, the writ petition is allowed. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.5241 of 2002 and WVMP.No.2295 of 2002 are disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 28.08.2009 ES [1] 1996 (2) ALT 346