IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 11189 of 2008 Between: 1 Kolan Narasimha Reddy S/o.Subhan Reddy R/o.1-5/2, Nizampet (V), Qutbullapur Mandal, R.R. District. 2 A.Yadaiah S/o.late Komaraiah R/o.1-20, Nizampet (V), Qutbullapur Mandal, R.R. District. ..... PETITIONER(S) AND 1 The Government of A.P. rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 3 The Tahsildar (Special Deputy Collector) Qutbullapur Mandal, Ranga Reddy District. 4 The Executive Officer (Panchayat Secretary), Gram Panchayat, Nizampet, Qutbullapur Mandal, R.R. 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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus directing the respondents not to encourage illegal encroachments and to declare the existing grave yard land in Survey No.233/22 is purposed only for the burial ground for the public purpose in government records without delay as being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and pass such other further order or orders. Counsel for the Petitioner:MR.RAMANA ALLU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) This is a public interest litigation wherein it has been alleged that in the land bearing Sy.No. 233/22 wherein a burial ground is situated at Nizampet, some encroachment has been made and the society by name Kamma Sangam is trying to develop the said burial ground for housing plots. It has been prayed that the said illegal constructions should be removed. In pursuance of the notice issued by this Court to respondent No.4, who has been represented by Sri E.Elisha, learned Advocate has submitted that in fact there is no encroachment made on burial ground, which is in Sy.No. 233/22. It has been further submitted by the learned Advocate appearing for respondent No.4 that Kamma Sangam is trying to construct residential houses in Sy.No. 229 and 231 of the same village. A sanctioned plan whereby construction of residential houses by Kamma Sangam has been shown to this Court which reveals that the said society is proposing to construct some structures on the land bearing Sy.Nos. 229 and 231. For the aforestated reasons, we ﬁnd that the allegations made by the petitioner are not correct. Learned Advocate appearing on behalf of the petitioner is absent. We do not ﬁnd any substance in the petition. The petition stands dismissed with no order as to costs. ______________________ ANIL R. DAVE, CJ __________________________ R. SUBHASH REDDY, J 14th October, 2008. GRR