Andhra Pradesh High Court – Amravati
Bhashyam Venkata Rao vs The State Of Andhra Pradesh on 14 May, 2025
APHC010570232022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3505]
(Special Original Jurisdiction)
TUESDAY, THE TWENTY SECOND DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 34697/2022
Between:
Bhashyam Venkata Rao and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. .
2. SUDHIR MATTEGUNTA
Counsel for the Respondent(S):
1. K.MADHAVA REDDY (SC FOR GVMC)
2. GP FOR REVENUE
3. GP FOR MUNCIPAL ADMN URBAN DEV
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TCDS,J
W.P.No.34697 of 2022The Court made the following order:
The Writ Petition is filed under Article 226 of the Constitution
of India, seeking the following relief:
“……..issue a writ order or direction more particularly one
in the nature of Writ Of Mandamus Mandamus declaring the
Letter Computer No.326138/2022-Land-E4, dated 26.09.2022
issued by the by the 3rd respondent there by allotting the
Government land in survey No.138/1 admeasuring an extent of
Ac.0.16 cents for burial ground for Muslim Community in
Chinamushidiwada Village of Pendurthi Mandal Greater
Visakhapatnam Municipal Corporation (GVMC) and consequent
handing over the land as per R.0.No.53/2021/A, Dated
27.09.2022 by the 7th respondent to the 6th respondent without
considering the representations of the Petitioners and other
residents of the Chinamushidiwada Village Pendurthi Mandal
Dated 26.09.2022 submitted to the 3rd and 7th respondents as
illegal and arbitrary against the provisions of the The Greater
Hyderabad Municipal Corporation Act, 1955 and violative of
Article 14 & 21 of Constitution of India and Set aside the same
and Consequently direct the respondents to cancel the
allotment Letter Computer No.326138/2022-Land-E4, dated
26.09.2022 issued by the by the 3rd respondent allotment of
Government land in survey No.138/1 admeasuring an extent of
Ac.0.16 cents for burial ground for Muslim Community in
Chinamushidiwada Village of Pendurthi Mandal Greater
Visakhapatnam Municipal Corporation (GVMC) and to pass…”
2. It is the case of the petitioners that, they are residing in
Lakshmi Narasimha Towers-1, situated in Sy.No.133/4 and 138/2 of
Chinamushidiwada Village, Pedurthi Mandal, Visakhapatnam
District. It is their further case that, on the northern side of Sri
Lakshmi Narasimha Towers, there is a vacant land in Sy.No.138/1. It
is further case of the petitioners that, they came to know that the
vacant land in Sy.No.138/1 is proposed for burial ground for Muslim
community on the request of Masjid-E-Noorani Committee. In
pursuance thereof, the 3rd respondent addressed letter dated
26.09.2022, to the 4th respondent to offer remarks and submit
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W.P.No.34697 of 2022
necessary requisitions in terms of GO.Ms.No.571, dated 14.09.2012,
for taking further action in the matter, so as to allot land to an extent
of Ac.0.16 cents in Sy.No.138/1 of Pendurthi Village. It is further
case of the petitioners that, on coming to know about the proposal to
allot land for burial ground adjacent to their residential apartments,
they made a representation dated 26.09.2022, to respondent Nos.3
& 7, requesting not to allot the said land for burial grounds. It is
further case of petitioners that, when there was no action from the
respondents, the present writ petition is filed questioning the letter
dated 26.09.2022, addressed by the 3rd respondent to the 5th
respondent.
3. On the other hand, the respondent Nos.3, 4, & 6, have filed
counter affidavits inter alia stating that, the existing burial ground of
Muslim Community is affecting in 60-0 master plan road widening
and in pursuance thereof, the Masjid-E-Noorani Committee
requested for allotment of alternative land for burial ground. It is
further averred in the counter affidavit that, the proposed burial
ground for Muslim community is situated adjacent to Hindu and
Christian burial grounds which are being used from times
immemorial. Taking into consideration of the feasibility and other
aspects, after following the procedure as per Section 570 of
Municipal Corporation Act, the disputed land admeasuring an extent
of Ac.0.16 cents in Sy.No.138, was allotted for burial ground. It is
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W.P.No.34697 of 2022
further stated that, for the past thirty years there were no complaints
received from the residents with respect to any contamination of
ground water. It is further stated that, there are no merits in the writ
petition and prayed to dismiss the same.
4. Heard counsel for the petitioners, learned Assistant
Government Pleader for Revenue and Standing Counsel for 5th
respondent.
5. Perused the material available on record.
6. The present writ petition is filed questioning the action of
respondents in allotting land admeasuring an extent of Ac.0.16 cents
in Sy.No.138/1, for burial ground to Muslim community on the
ground that it may cause health hazards to the residents of Lakshmi
Narasimha Towers. It is further case of the petitioners that, the
proposed land is situated beside their residential apartments and if
the same is allotted, especially during Covid-19 pandemic, the
petitioners including the residents of the said apartments would be
put to sufferance. On the other hand, it is categorically averred in the
counter affidavits that, abutting to the proposed land, there are
existing burial grounds belonging to Hindu and Christian religions. It
is further not in dispute that, the said burial grounds are in existence
since times immemorial. The petitioners have neither disputed the
same nor filed any reply denying the said averments. In the absence
of any evidence, the contentions raised by the petitioners cannot be
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W.P.No.34697 of 2022
believed. Apart from the same, the petitioners have not placed
anything to show that there were complaints with regard to
contamination of ground water and the alleged health hazards of the
residents of the apartments.
7. It is pertinent to mention that, the proposed land was identified
for burial ground inasmuch as the existing burial ground was
affected in 60-0 master plan. The respondents, after following the
procedure contemplated under law and taking into consideration of
all the aspects including the feasibility, identified the proposed land
admeasuring an extent of Ac.0.16 cents in Sy.No.138/1, for
allotment of burial ground, which is adjacent to existing burial
grounds of Hindu and Christian religions. From the foregoing
reasons, the interference of this Court is not warranted.
8. In view of the above, there are no merits in the writ petition,
accordingly, the same is dismissed.
As a sequel, miscellaneous applications pending, if any, shall
stand closed.
_______________
T.C.D.SEKHAR,J
Date: 22.04.2025
ANS
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W.P.No.34697 of 2022
206
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 34697/2022
Date: 22.04.2025
ANS