The respondents are mandated under the Telangana Panchayat Raj Act to prevent unauthorized burial or cremation on private lands, affirming the importance of designated burial sites.

ORDER :

In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of the respondents in not acting on the complaint of the petitioner dt.19.03.2024 to stop the villagers from undertaking cremation/burial of dead bodies in the petitioner’s patta agricultural land admeasuring Ac.1.10 guntas in Survey No.19 of Nidadavelli Village and Gram Panchayat, Keshampet Mandal, Ranga Reddy District when there is a designated burial ground located in Survey No.14 admeasuring Ac.1.10 guntas in the village, as illegal, arbitrary and in violation of the Telangana Panchayat Raj Act, 2018 and consequently to direct the respondents not to allow the villagers to undertake cremation/burial of dead bodies in the patta land owned by the petitioner and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner claims to have purchased Ac.1.10 guntas of agricultural land in Survey No.19 of Nidadavelli Village and Gram Panchayat, Keshampet Mandal, Ranga Reddy District, vide registered sale deed No.2665 of 2014 dt.28.03.2014 and he claims to be in possession of the same ever since. It is submitted that in the years 2018- 2020, some of the local villagers tried to encroach upon the petitioner’s land and illegally tried to cremate/bury dead bodies in the land of the petitioner and when no action was taken on the representation of the petitioner to stop the said activity, the petitioner filed W.P.No.11570 of 2020 before this Court and this Court, vide orders dt.30.07.2020, directed the respondents to consider the representation of the petitioner and take necessary action as per the Telangana Panchayat Raj Act, 2018. It is submitted that subsequent thereto, on 04.01.2021, the 5^th respondent had issued Druveekarana Patram declaring the petitioner’s land as patta agricultural land and as not meant for cremation/burial of dead bodies, in accordance with the orders in W.P.No.11570 of 2020. It is submitted that there is another land admeasuring Ac.1.10 guntas in Survey No.14 of the village which is earmarked for cremation/burials as per the Telangana Panchayat Raj Act, 2018 and is named as ‘Vaikunta Dhamam’ and in spite of the same being available, some of the villagers are trying to encroach upon the property of the petitioner and are trying to illegally cremate/bury the dead bodies of persons of their community and therefore, the petitioner claims to have made representations to the respondents on 19.03.2024. However, since no action has been taken thereon, the petitioner has approached this Court by filing the present Writ Petition.

3. Learned counsel for the petitioner reiterated the above submissions and submitted that though in the counter affidavits of the respondents, they have stated that a part of the land in Survey No.19 of Nidadavelli Village, i.e., Ac.0.05 guntas, had been donated by one Karanam Ranga Rao for burial of dead bodies belonging to Padmashali community, no such document has been filed before this Court and that the 5^th respondent appears to be hands in glove with private parties in helping them to encroach upon the petitioner’s property.

4. The 5^th respondent has filed a counter affidavit and in the counter affidavit, it is stated that after receipt of the directions of this Court in W.P.No.11570 of 2020, they have taken action and put a board in the subject property intimating that the property is patta agricultural land and that no cremation or burial of dead bodies shall take place in the said land. The 5^th respondent, in his counter affidavit, has further stated that the Padmashali community peo