ORDER:

Heard the learned counsel for the petitioner. Also heard learned Assistant Government Pleader for Revenue representing the respondent Nos.1 to 5 and learned Standing Counsel for the respondent No.6.

2. The present writ petition is filed inter alia, seeking a direction to the respondent No.2 to consider the representation dated 09.11.2023 made by the petitioner, within two weeks, and pass such other orders.

3. Learned counsel for the petitioner submits that there is a Hindu Cemetry in Survey No.370/6 of Srunga Vruksham Village, wherein one small tank/pond called Shilagoyi is located and the same is being used by the Village for ceremonial rituals after cremation. He submits that as per the revenue records the land in survey No.370/6 is mentioned as “Smasanam”. He also submits that the respondent No.6/Gram Panchayat issued a notice dated 27.10.2023 stating that on 31.10.2023 an auction would be held in the Panchayat Office in respect of the said tank. Learned counsel submits that the petitioner along with other villagers made a representation dated 09.11.2023 to the respondent No.2 explaining brief history of the tank, the reasons why it is required to be kept for ceremonial purposes after cremation and the consequences arise if it is converted into a fish pond.

4. Learned Assistant Government Pleader for Revenue placed a copy of the written instructions dated 09.1.2024 received from the respondent No.2 for perusal of this Court.

The relevant portion reads as follows:

As per R.S.R., the said R.S.No.370/6, Ac.3.02 cents of Srungavruksham Village, Palakoderu Mandal is classified as G.P. “Smashanam”.

The said “Smashanam” under the maintenance of the Grama Panchayath, Srungavruksham Village of Palakoderu Mandal and it is utilized for Hindu Cemetry.

In that Cemetry one small tank/pond called Shilagoyii is located is used by Villagers for ceremonial rituals after doing cremation from several decades.

(In) the said Smashanam one small tank/pond is located. The said tank/pond not converting to any fish tank and it is used by Villagers for ceremonial rituals and it is not converted to a fish tank but Grama Panchayath, Srungavruksham conducted auction for 3 years for the faslis of 1433 to 1435 from 01.07.2023 as per guidelines of the Divisional Panchayath Officer, Bhimavaram.

5. Considering the submissions made and in the light of the instructions referred to above, this Court is of the opinion that the matter need not be kept pending. Therefore, without going into merits of the case, the writ petition is disposed of, with a direction to the respondent No.2 to take necessary action on the petitioner’s representation dated 09.11.2023 in accordance with Law, as expeditiously as possible, within a period of six (6) weeks from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ NINALA JAYASURYA, J January 11, 2024.

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