IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER 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 : 23970 of 2008 Between: 1 Sri. K. Adinarayana, S/o. Late K. Guravaiah, R/o. H.No. 2-2-1105/B/6, Near Sri Vidya High School, Tilak Nagar, Hyderabad -44. 2 Smt. G. Venkamma, D/o. Late K. Papaiah, R/o. Sublaid, Tirumalipalem Mandal, Khammam District. 3 Smt. M. Badramma, D/o. Late K. Papaiah, R/o. 8-2-68, B.K. Bazar, Khammam District. 4 K. Venkatanarasu, S/o. K. Tirupaiah,(Late), H.No. 8-3-125, Nizampet, Khammam. 5 Karlapudi Sunil Kumar, S/o. late K. Ramaswamy, H.No. 8-3-126, NIzampet, Khammam. 6 Karlapudi Tilak, S/o. Rama Swamy (Late), H.No. 8-3-126, NIzampet, Khammam. 7 Smt. Karlapudi Atchamma, D/o. late Venkatanarasu, R/o. H.No. Post & Village, Salavai, Govindarala Mandal, Warangal District. ..... PETITIONER(S) AND 1 The Joint Sub Registrar, O/o. The District Registrar, Khammam. 2 Ameena Bee, D/o. late Mohd. Faal Sharief, R/o. Kalvapally Village, Miryalagudem Mandal, Nalgonda District. 3 Mahemmoda Bee, D/o. Late Mohd. Faal Sharief, R/o. shukaravarapupeta, Khammam Town. 4 Ameena Bee, W/o. late Mohd. Yousuf Sharief, R/o. H.No. 11-3-24, Balaji Nagar, Khammam Town. 5 Mohammed Fazal Sharief, W/o. late Mohd. Yousuf Sharief, R/o. H.No. 11-3-24, Balaji Nagar, Khammam Town. Khammam District. 6 Yakub Sharief, W/o. late Mohd. Yousuf Sharief, R/o. H.No. 11-3-24, Balaji Nagar, Khammam Town. Khammam District. 7 Younus Sharief, W/o. late Mohd. Yousuf Sharief, R/o. H.No. 11-3-24, Balaji Nagar, Khammam Town. Khammam District. 8 Karlapudi Venkatratnam, S/o. late Narsaiah, R/o. H.No. 11-6-232, Nehrunagar Town, Khammam District. 9 Karlapudi Venkaiah, S/o. Late Tirupaiah, SR-BGNR, Government Arts and Science College, Khamma. R/o. H.No. 8-9-94, Insire Fort, Khammam Town. 10 Karlapudi Radhkrishna, S/o. Late Guruvaiah, R/o. NST Road, Beside Kavitha Degree College, Khammam Town, Khammam. 11 Sadhana Educational Society, Rep. by its Secretary & Correspondence Sri Katepally Naveen Babu, Aged 36 years, S/o. Appa Rao, R/o. 11-3-114/2, Nehrunagar, Khammam Town, Khammam 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 order, direction or a Writ more particularly in the nature of Writ of Mandamus by declaring the action of the 1st respondent in registering the Sale Deed No. 6638/08 dt. 23-6-08 in respect of the land admeasuring 1835 Sq. yards Survey No. 257 in Khanapur Haveli Village of Khammam Town which contains tombs of the deceased family members of the Scheduled Caste community including the petitioners herein, as arbitrary, illgal, oﬀending the sentiments and custom of the Scheduled caste members of the locality including the petitioner, being violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents No.1 to cancel the registration of the said sale deed and direct the Respondent No.2 to 11 to restore the possession and enjoyment of the said land to the Scheduled caste members for the purpose of grave yard and not to interfere with the land admeasuring 0.30 guntas which is exclusively earmarked as grave yard by the Respondents 2 to 7 and pass Counsel for the Petitioner:MR.KRISHNA DEVAN Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) In this public interest litigation, it has been submitted that respondent Nos. 2 to 7 had sold land bearing Sy.No. 257 admeasuring 1835 Sq. yards situated at Nehrunagar, Khammam Municipal limits to respondents 8 to 11. According to the learned Advocate appearing for the petitioners, respondents 2 to 7 could not have sold the said land to respondents 8 to 11 and respondent No.1 could not have registered the sale deed, in view of the fact that there was some compromise arrived at among respondents 2 to 7 and other persons and as per the said compromise the land was to be used as burial ground for Scheduled Caste and Scheduled Tribe persons. Looking to the facts of the case, in our opinion, some disputed questions of fact are involved in the matter. More over, the suit, which had been ﬁled by respondent No.8 against the other concerned respondents was not in a representative capacity and the consent decree passed in the said suit would not give any right to the present petitioners. For the aforestated reasons, we do not ﬁnd any substance in the petition and the petition is rejected with no order as to costs. ____________________ ANIL R. DAVE, CJ _________________________ R. SUBHASH REDDY, J 19th November, 2008. GRR