IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 11464 of 2009 Between: Sayeed Bin Ahmed, S/o. Late Ahmed Bin Sayeed, R/o. 17-3-198/43,Yasreb Nagar, Yakatpura, Hyderabad - 23. ..... PETITIONER AND 1 State of A.P. Rep by its Prl. Secretary (Revenue), Having office at Secretariat, Hyderabad. 2 The District Collector Hyderabad having office at Chirag Ali Lane, Hyderabad. 3 The Mandal Revenue Officer, Charminar Mandal having office near Charminar Bus Depot Hyderabad. 4 AP Central Power Distribution Co. Ltd. through its Managing Director & Chairman, having office at Singarne Bhavan, Red Hills, Hyderabad. 5 Executive Engineer APCPDCL (Civil), Metro Mint Compound Khairatabad, Hyderabad. 6 The Asst.Executive Engineer, Master Plan, City/Master Plan, II, APCPDCL Mint Compound, Hyderabad. 7 The AP Wakf Board Rep by its Chief Executive Officer, havingoffice at Razzak Manzil, Nampally Road, Hyderabad. .....RESPONDENTS 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 issue a writ order or direction more one in the nature of Writ of Mandamus declaring action of the respondents to making construction of electricity Sub Station over grave yard situated at Yaserb Nagar Yakutpura, Hyderabad is highly illgal, unconstitutional and invioltion of Art.25 and 26 of the constitution of India, consequently the Hon'ble court may be pleased to direct the respondents their subordintes and employees not to make any kind of construction more particularly the construction of electricity sub station over grave yard situated Muslim grave yard admeasuring about 500 sq. yards under ward No. 17 Block No. 3 of MCH corresponds toTown Survey No. 1 and 2, block F ward 2 & 11 at Yaserb Nagar Hyderabad and to pass Counsel for the Petitioner: MR.MOHAMMED ADAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.11464 OF 2009 ORAL ORDER In respect of the remedy urged herein, namely, that the Andhra Pradesh Central Power Distribution Company Limited (APCPDCL) is proceeding to illegally encroach on a Muslim graveyard situate in an extent of 500 square yards in Ward No.17, Block No.3 of MCH corresponds to Town Survey No.1 and 2, Block-F, Ward.2 and 11 of Yaserb Nagar, Hyderabad, for the purpose of locating an electric sub- station to the detriment of the established users of the space as a graveyard and with a view to offend the sentiments of the locality including the petitioner whose ancestors are said to be entombed/buried in such graveyard, this writ petition is filed. The petitioner has an effective alternative remedy before the civil court of competent jurisdiction, in a forum proximal to the petitioner’s habitat and in the circumstances there appears no warrant for following the notice procedure under Sec.80 CPC either. The petitioner may effectively seek urgent relief including injunctive relief before the civil court of competent jurisdiction. On the aforesaid analysis, the writ petition is dismissed with liberty to the petitioner to pursue the available effective alternative remedy before the civil court of competent jurisdiction. No costs. _________________ GODA RAGHURAM,J 12th JUNE 2009 *TSNR