COMMON ORDER :

W.P.No.20865 of 2024

The petitioner herein is the husband of ex-sarpanch, Nemallagudem Village, Nampally Mandal, Nalgonda District. He has filed the present Writ Petition to declare the action of respondent No.4 in not taking any action against respondent No.6 for illegally trespassing into the Government land admeasuring Ac.0.12 gts., in

Sy.No.599, situated at Nemallagudem Village, Nampally Mandal, Nalgonda District, for forcibly burying the dead body, as illegal and for a consequential direction to respondent No.4 to exhumate the dead body illegally and forcibly buried in land admeasuring Ac.0.12 gts., in

Sy.No.599, situated at Nemallagudem Village, Nampally Mandal, Nalgonda District. According to the petitioner, the Government has allotted land admeasuring Ac.0.12 gts., in Sy.No.599 for construction of Government building, in which, respondent No.6 is burying dead bodies in the said land. Therefore, the petitioner has submitted written representations dated 12.07.2024 and 23.07.2024 with respondent

No.4 with a request to take action against respondent No.6. Despite receiving and acknowledging the said complaint, respondent No.4 did not take any action. Aggrieved by the said inaction of respondent

No.4, the petitioner filed this Writ Petition.

W.P.No.13328 of 2024

The petitioner herein filed this Writ Petition to declare the action of respondents in interfering with the land admeasuring Ac.2.00 gts., in Sy.No.597 and Ac.0.12 gts., in Sy.No.599, situated at Nemallagudem Village, Paddapur, Nampally Mandal, Nalgonda District, which belongs to Muslim Graveyard and Eidgah, without issuing any notice and without following due procedure laid down under law, as illegal and arbitrary.

FINDINGS

In the light of the specific allegations, this Court directed learned Assistant Government Pleader for Revenue to get specific instructions. On instructions, he would submit that the total land in

Sy.No.597 of Nemallagudem Village is Ac.8.13 gts., and it is Government land. Land admeasuring Ac.2.00 gts., is used for graveyard by the villagers. The Government never allotted the said land for the purpose of grave yard. People are using it. The total land admeasuring in Sy.No.599 is Ac.4.11 gts., out of which Ac.0.12 gts., of land is allotted for Grampanchayat building.

In the light of the said submissions, the petitioner in

W.P.No.20865 of 2024, being husband of ex-husband cannot file the said writ petition. It is the Grampanchayat, represented by the Panchayat Secretary, to file the said writ petition for the purpose of protecting the land allotted for construction of Grampanchayat building. Therefore, W.P.No.20865 of 2024 is liable to be dismissed and is accordingly dismissed.

As discussed supra, the petitioner in W.P.No.13328 of 2024 is claiming that he is the caretaker of land covered with Muslim Graveyard and Eid gah, in Sy.No.597, land admeasuring Ac.2.00 gts., and Sy.No.599, land admeasuring Ac.0.12 gts., situated at Nemallagudem Village, Paddapur, Nampally Mandal, Nalgonda District. He has not filed any document in support of his contention. According to him, the said land was allotted by the Government for the purpose of Muslim Graveyard and Eid gah. The villagers are burying the dead bodies in the said land. According to respondent

No.4-Tahsildar, the villagers of Nemallagudam Village are using

Ac.2.00 gts., of land in Sy.No.597 for the purpose of grave yard. The said land was not allotted for the purpose of grave yard by the Government. Therefore, he cannot file the present writ petition to declare the action of respondent No.4 in not taking action. Accordingly, this Writ Petition is also liable to be dismissed and is accordingly dismissed.

RESULT

Both the Writ Petitions are dismissed. There shall be no order as to costs.

As a sequel thereto, pending miscellaneous applications, if any, shall stand closed.