THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28350 of 2010 Dated 15th February, 2011 Between: Surapaneni Pullayya …Petitioner And The District Collector, Krishna District at Machilipatnam and others …Respondents Counsel for the petitioner: None appeared Counsel for respondent Nos.2 & 4: AGP for Panchayat Raj Counsel for respondent No.6 : Sri G.Raju For Sri G.Elisha The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in taking steps to convert the old Hindu graveyard situated in R.S.No.108 of Kakulapadu Village, Bapulapadu Mandal, Krishna District, into a Christian graveyard as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents not to covert the Hindu graveyard into Christian graveyard. At the hearing, there is no representation for the petitioner. I have heard Sri G.Raju, learned counsel, representing Sri G.Elisha, learned Standing Counsel for respondent No.6. In the counter affidavit filed by the Panchayat Secretary of respondent No.6, the allegation made by the petitioner that the land in R.S.No.108 is being utilised for Hindu graveyard and that there is an attempt on the part of respondent No.6 to convert the same into Christian graveyard, is denied. It is apt to reproduce the relevant portion of the counter affidavit herein below: “I submit that this particular land was never utilised as burial ground by the Hindu. Some of the villagers purchased an extent of 25 cents in RS No.100 of Kakulapadu village and the said land is being used by the Hindus as burial ground and also to pay the last rites to the dead. I submit that about six Muslim families of the village are using the land of an extent of about 40 cents in R.S.No.108. This particular land is adjacent to the drainage canal. I submit that the Harijans of Kakulapadu village made a representation to the Gram Panchayat to allot some land in the village belonging to the Gram Panchayat for burial ground. In view of the representation a survey was conducted by the Mandal Surveyor and so far no report was given to the Gram Panchayat for allotting the graveyard to the Harijans/Christians. So far no proposal either from the Gram Panchayat or from any other official/respondents proposing the land in R.S.No.108 in an extent of Ac.1.64 cents for converting the old Hindu graveyard into Christian graveyard. Hence the Writ Petition filed by the petitioner is misconception and also misleading this Hon’ble Court by giving false statements without any substantial evidence. I submit that there is no such burial ground as stated by the petitioner, hence the converting the same into Christian graveyard. The other allegations in the Writ Petition are all false and fabricated for the purpose of this Writ Petition. Hence the Writ Petition is devoid of merits and the relief sought by the petitioner cannot be granted and the Writ petition has to be dismissed in limini.” In view of the specific stand as spelt out in the above re- produced counter affidavit, no cause in the writ petition survives for adjudication. Accordingly, the writ petition is disposed of as infructuous. As a sequel to dismissal of the writ petition, the interim order, dated 16.11.2010, granted by this Court shall stand vacated and W.P.M.P.No.36177 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 15th February, 2011 VGB