IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Mr. JUSTICE C.V.RAMULU WRIT PETITION No.23209 of 1996 Between: 1 V. Lakshmi w/o. Narsimha R/o. H.No. 9-14, Pandurang Nagar, Near Erragadda Kukatpally, R.R.Dt. 2 Deenanath Singh S/o. Ram Govind Singh R/o. H.No. 9-10, Pandurang Nagar Near Erragadda Kukatpally, R.R.Dt. 3 P. Suguna W/o. P. Sambashiva Rao R/o. H.No. 9-13, Pandurang Nagar, Near Erragadda Kukatpally, R.R.Dt. 4 J. Subrahmanyam S/o. Somayajulu R/o. H.No. 9-11, Pandurang Nagar, Near Erragadda Kukatpally, R.R.Dt. 5 M. Ravinder Babu S/o. Anjaiah R/o. H.No. 9-13/A, Pandurang Nagar, near Erragadda Kukatpally, R.R.Dt. 6 P. Gangamma W/o. P. Mallaiah R/o. H.No. 9-15, Pandurang Nagar, near Erragadda Kukatpally, R.R.Dt. 7 P. Satyanarayana S/o. P. Mallaiah R/o. H.No. 9-15/1, Pandurang Nagar, Near Erragadda Kukatpally, R.R.Dt. 8 P. Ashok Kumar S/o. Ramchander R/o. H.No. 9-16, Pandurang Nagar, Near Erragadda Kukatpally, R.R.Dt. 9 V. Premsagar S/o. V. Vithal R/o. H.No. 9-17, Pandurang Nagar, Near Erragadda Kukatpally, R.R.Dt. ..... PETITIONERS AND 1 The Principal Secretary, Home, Govt. of A.P. Hyderabad. 2 The Principal Secretary, Revenue, Govt. of A.P. Hyderabad. 3 The Collector, R.R.District. 4 Superintendent of Police, R.R.Dist. 5 M.R.O., Balanagar Mandal, R.R.Dist. 6 S.H.O. P.S. Sanathnagar, Hyderabad. 7 Satya Harischandra Smasana Watika Welfare Sangh, Rep. by its President at G.Mallesh Kukatpally, old Sultan Nagar, Hyderabad-500 018. .....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 directing the respondents 1 to 5 to take permanent eﬀective measures or any other adequate measures to protect the Corpses to be taken through the lands in front of petitioners houses in Pandurang Nagar Colony, near Erragadda, Kukatpally, R.R.Dist. (described in Red in the appended map), and pass Counsel for the Petitioners: Mr.B.V.BAKSHI Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORAL ORDER: This Writ Petition is ﬁled seeking a Mandamus directing respondents 1 to 5 to take permanent eﬀective measures or any other adequate measures to protect the corpses to be taken through the lands in front of the houses of the petitioners in Panduranga Nagar Colony, Near Erragadda, Ranga Reddy District. It is the case of the petitioners that Nawab Rais Yar Jung was the owner of the land ad measuring Ac.21.00 situated in Sy.No.806 of Kukatpally village of the then Hyderabad West Taluq. After his death, his son sold the said land in bits to various individuals after obtaining permission from the then Tahsildar, Hyderabad West. Out of the said land, an extent of Ac.1.35 gts was purchased by one Nimmagadda Kondaiah under a registered sale deed dated 22-1-1966. He divided the said land into plots and sold them to various individuals, after obtaining necessary permissions from various authorities. From the said Kondaiah, the petitioners and others purchased the plots and named the colony as ‘Pandurang Nagar Colony’. When they want to commence construction work in their respective plots, some musclemen came to the spot and claimed that the said land was to be acquired for the purpose of housing for weaker sections of the society. However, they built small houses in the north-west corner of the layout, to the west of which, there is dead end. To the west of their layout, there lies the land belonging to the Nawabs. In that land, some portion is covered by a private family graveyard of the Nawabs. The users of the said graveyard have to go by the main road to reach the graveyard, without touching their layout. While so, some land grabbers have formed an association, by name, ‘Erragadda Smashan Vatika Samkshema Sangham’ and started encouraging people to bring the dead bodies to the open space for burial/cremation. Further, despite the fact that a much bigger road is available to carry the corpses through the main road, the land grabbers started instigating the pal bearers to carry the dead bodies through the narrow lane on either side of which the petitioners’ houses are situated. Therefore, the petitioners ﬁled a civil suit in O.S.No.630 of 1983 against the said Sangham as well as the Government restraining them from resorting to such mischief. The same was decreed ex parte on 31-10-1984. Hoping that the petitioners would live peacefully, they closed the western side boundary with a wall. After a short lull, the musclemen again started creating nuisance. Therefore, the petitioners approached various authorities including the Chief Minister. However, the miscreants, at the instance of some political leaders, had broken the boundary wall and started their game. After the civil Court passed the decree in the above suit against Erragadda Smashana Vatika Welfare Association, it has changed its name to Satyaharischandra Smashan Vatika Welfare Association to circumvent the decree. Further, when attempts were made afresh in March,1996 to carry the corpses through the subject lane, the petitioners approached the respondents on 31-3-1996 seeking police protection, but no action has been taken. Further, the Mandal Revenue Oﬃcer through letter dated 2-4- 1996 informed the Collector that the land in question is a patta land and as such, question of providing facilities for a graveyard does not arise. Even Kukatpally Municipality also informed through letter dated 1-6-1996 that the Society should approach the Government for allotting some Government land. As no action has been taken by the respondents on the representations of the petitioners, the present Writ Petition is filed. Respondent No.6 ﬁled a counter stating inter alia that a representation dated 31-3-1996 enclosing a copy of the decree in the above suit was received by him and thereafter, no incident was reported warranting interference of police in order to implement the Orders of the civil Court. On a complaint made by one B.Mallaiah of Panduranga Nagar on 15-8-1996 stating that some persons have entered his house with harmful weapons and beaten him, a case in Cr.No.157/96 was registered for the oﬀences punishable under Sections 448, 506 and 323 read with 34 of I.P.C. After thorough investigation, charge sheet was ﬁled and the matter is pending trial. Further, on 16- 8-1996, he addressed a letter to the Commissioner, Kukatpally Municipality stating that there is a dispute regarding the passage to the burial ground, between the petitioners’ and the 7th respondent and there is every possibility of group clashes causing law and order problem and requested to visit the area and decide the way in which the dead bodies of Sulthan Nagar people are to be taken to the burial ground. Subsequent to 15- 8-1996, no incident was reported and no information regarding dead bodies being carried through the disputed way was received by the police. It is further stated that the police are ready to provide necessary protection and aid to implement the Orders of the Court. In view of the averments made in the counter, the 6th respondent is directed to keep a watch in the street i.e., Pandurang Nagar, Erragadda, Hyderabad now and then, and see that the interest of the petitioners is protected and the musclemen would not create any nuisance in the area during routine check or whenever a complaint is received from the petitioners. With the above direction, the Writ Petition is disposed of. No order as to costs. 01-8-2008 prk