THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.28876 OF 2011 ORDER:- This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the official respondent Nos.1 to 5 in not taking action against the unofficial respondent Nos.6 to 9 for using Plot No.2, Venkatadri Nagar layout covered under S.No.159/4-A of Vepa Gunta, Pendurthi Mandal, Visakhapatnam District as burial ground inspite of reports/complaints/representations; and consequently, direct respondent Nos.1 to 5 to issue necessary proceedings declaring the vacant site in question as a private land and shall not be used for any illegal purposes including using the same as a burial ground and to prosecute the people who dare to encourage or bring dead human bodies for the purpose of cremation. 2. The case of petitioner No.1 is that he is the President of the residents/owners of Venkatadri Nagar Colony and petitioner Nos.2 to 6 are the members of the Association. The layout of Venkatadri Nagar was approved by the Sarpanch, Vepagunta Gram Panchayat, Vepagunta. The residents of the said Venkatadri Nagar formed into a Society known as Sri Venkatadri Nagar Residents Welfare Association. The unofficial respondent Nos.6 to 9 are the residents in the nearby areas and they have nothing to do with the plots/buildings/vacant sites situated in the Venkatadrinagar. There is one vacant plot in the Venkatadrinagar, which is identified as Plot No.2 of the layout plan. The extent of the said plot is 436 square yards. The owners of the said plot delivered the said plot to petitioner No.1’s Association by means of a Danapatta for construction of a temple. Petitioners are in possession and enjoyment of the said vacant site and are contemplating to construct a temple thereon. Respondent Nos.6 to 9, with the active support of the Corporator of Ward No.72 of Greater Visakhapatnam Municipal Corporation, started proclaiming that the above referred vacant site is meant for using the same as a burial ground and started encouraging the residents of their localities to bring dead bodies for the purpose of cremation. Therefore, the petitioners claim that the vacant site neither belongs to the Gram Panchayat nor the Greater Visakhapatnam Municipal Corporation. Though they made complaints and representations to the official respondents, no action has been initiated. Hence, the present writ petition. 3. Learned counsel for the petitioners contended that the Society of petitioner No.1 is the owner and possessor of the plot in question and one original allottee of this plot gifted the said plot to the Association for the purpose of constructing a temple; that therefore, as per the wish of the owner, the plot in question can be used only for the purpose of constructing a temple and it cannot be used for any other purpose, but respondent Nos.6 to 9 are encouraging the people to use this land as a burial ground and hence, he prays to issue necessary direction to respondent Nos.1 to 5. 4. On the other hand, learned Standing Counsel appearing for respondent No.2 stated that a representation is pending with respondent No.2 and respondent No.2 will take appropriate decision in accordance with law after giving a reasonable opportunity to the petitioners as well as respondent Nos.6 to 9. 5. The factual matrix is not in dispute. The petitioners claim that the owners of plot No.2 of the layout plan gifted the property by virtue of a gift deed in the month of May, 2002 in favour of the Association and therefore, by virtue of the wish of the donar, the property has to be used only for the purpose of constructing a temple and therefore, the plot in question cannot be used for burial ground. That aspect of the case has to be decided by respondent No.2 in accordance with law after giving a reasonable opportunity to petitioners as well as respondent Nos.6 to 9. Therefore, respondent No.2 is directed to take appropriate decision on the representation in accordance with law after giving reasonable opportunity to the petitioners as well as respondent Nos.6 to 9. 6. With the above direction, the Writ Petition is disposed of. As no adverse order is passed against respondent Nos.6 to 9, their presence is not necessary. There shall be no order as to costs. ​ _​_____________________ JUSTICE K.C.BHANU 03rd November, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.28876 OF 2011 Date:03.11.2011 AMD