The right to life guaranteed under Article 21 of the Constitution of India includes the right to dignity and respect, which extends to a person's dead body.

JUDGMENT

This writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus declaring the action of the respondents in proposing to allot/assign part of the Hindu burial ground/Smasanam land in Sy.No.153 of Pedakakani Village and Mandal, Guntur District, for the purpose of Christian Cemetery as arbitrary, illegal, without authority and jurisdiction, contrary to BSO 15 (4) and in violation of Article 21, 48A and 51A(g) of the Constitution of India including Public Interest and consequently to direct the respondents not to allot/assign any part of the Hindu burial ground/Samsanam land in Survey No.153 of Pedakakani Village and Mandal, Guntur District, for the purpose of Christian Cemetery or to any other purposes.

2. A counter-affidavit has been filed by the 5th respondent.

3. Heard Sri G. Peda Babu, learned counsel, representing Sri Ramachandra Rao Gurram, learned counsel for the petitioners on record, learned Government Pleader for Panchayat Raj, learned Government Pleader for Revenue and Sri I. Koti Reddy, learned Standing Counsel for 6th respondent.

4. Learned counsel for the petitioners submits that the petitioners are agriculturists and absolute owners of land in Survey Nos.149, 150, 151, 155, 145, 147 and 118 of Pedakakani Village and Mandal, Guntur District. A drainage canal exists adjacent to the western border of those lands running from north to south in Survey No.653 of “Dharma-Cheruvu” tank poramboke and to its west is bund of that tank with clay road thereon running from north to south and to its west is tank bed. The said drainage canal running from the north to south through the eastern boundary of tank land in Survey No.653, takes a turn towards east through the land in Survey No.153 on its southern side and thereafter to further east.

5. As per revenue records, the land to an extent of Ac.0-95 cents in Survey No.153 is recorded as “Smasanam”, but, on land only an extent of about Ac.0-70 cents is available. After leaving the necessary extent for the drainage canal and its bunds, boundary wall was constructed on the remaining entire northern boundary of that “Smasanam”. The said drainage canal serves as anirrigated water source to its adjacent agricultural lands of the petitioners.

6. Learned counsel for the petitioners further submits that the shrinkage of the entry point to the Hindu Cemetery would cause some serious issues to the users of the Cemetery and further no land will be available for future expansion of road and drainage canal. Learned counsel finally submits that the respondent authority intends to assign or allot any land for Christian Cemetery, they could have identify atleast 1 to 3 acres of continuous single bit of Government poramboke land or acquire and give for Christian Cemetery. There are no bonafidies in proposing the small bit of land in Survey No.153 for that purpose which was left for drainage canal, for entrance of burial ground and road margins and may be for future expansion of those.

7. Learned counsel for the petitioners submits that explaining the grievance being faced by the petitioners, they personally tried to represent the concerned authorities on 22.06.2021, but they refused even to receive under acknowledgement and hence, the said representation was sent through registered post on 22.06.2021 to the respondents.

8. On the other hand, the 5th respondent (i.e.) the Tahsildar of Pedakakani Mandal, Guntur District, in his counter-affidavit, stated that as per RSR of Pedakakani Village and Mandal of Guntur District, total land admeasuring to an extent of Ac.48-43 cents is classified as Government Poramboke (Malinidivari Cheruvu). An extent of land admeasuring Ac.0-95 cents is classified as Government Poramboke (Burial Ground). Adjacent to this Cheruvu, there is road for ingress and egress to the agricultural fields adjacent to the road. It is also stated that small canals with 4 feet width and 2 feet depth, from this canal water is used for the pur