THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.2466 of 2008 ORDER: Though the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for both the parties, the writ petition is taken up for being disposed of by this order. In the writ petition, petitioner seeks a mandamus declaring the action of the respondents in trying to use the land in Survey No.286/1 of Papayapalle Village, Bestavarapeta Mandal, Prakasam District, for the purposes other than burial ground, as illegal and arbitrary. It is the case of the petitioner that himself and his ancestors are residents of Bestavarapeta Gram Panchayat, Bestavarapeta Mandal, Prakasam District. It is stated that the land in Survey No.286/1 is being used as a burial ground and there were tombs of the ancestors of the petitioner in it and in spite of the same, the respondents were taking steps to use the said land for construction of electric Sub-Station, for the purposes other than the burial ground. It is the grievance of the petitioner that once it is used as a burial ground, the same cannot be utilized for any other purpose other than for it. Counter-affidavits are filed by the respondents. In the counter-affidavit filed by the respondents, while denying various allegations made by the petitioner, it is stated that the said land is a rastha poramboke and the same is to be used for public purpose. It is specifically pleaded that there is a notified land in Survey No.294/1- B of Papayapalle Village and the same is being used as a burial ground. It is also stated that there are some tombs of the ancestors of the petitioner in the land covered by Survey No.286/1 and the land was illegally used for the purpose of burying dead persons belonging to the petitioner’s family. As it is not in dispute that the land in question is a rastha poramboke, merely because there are some tombs of the ancestors of the petitioner on it, it cannot be termed as a burial ground. Burial grounds are to be notified in accordance with law and such places are only to be used as burial grounds by the public. When the land in question is a rastha poramboke, it cannot be treated as a burial ground. As it is not in dispute that the land in Survey No.286/1 is a rastha poramboke and further, it is admitted that there are tombs belonged to the petitioner’s ancestors in a portion of the land in question, I deem it appropriate to direct the respondents not to disturb the existing tombs in the land in question and at the same time, it is open for the respondents to use the remaining vacant land for any other public purpose. Subject to the above, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 9th JUNE, 2011. kvni