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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. MADHAVI DEVI
Sunitha – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of land ownership and rights. (Para 1 , 2) |
| 2. respondents' counterarguments regarding land usage. (Para 3 , 4 , 6) |
| 3. court's observation on land designation and panchayat duties. (Para 5 , 7) |
| 4. court's directive to prevent unauthorized land usage. (Para 8) |
| 5. conclusion and disposal of the writ petition. (Para 9 , 10) |
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
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.
The court emphasized the necessity for compliance with statutory regulations regarding burials, reaffirming that unauthorized disturbances of burial grounds are unlawful.
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.
Proper licensing is mandatory for the establishment of burial grounds; unauthorized usage violates statutory requirements, necessitating adherence to procedural norms.
Mandamus issued to prevent burial on Vandipadhai land; authorities directed to provide alternative burial ground.
A burial site requires a license from the Village Panchayat, and procedural lapses in reclassification of land as a burial ground render such actions invalid.
The Court upholds adherence to statutory provisions for land usage and licensing relating to burial grounds.
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