THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI I.A.NO.2 OF 2025 IN W.P.NO.5997 OF 2025 AND WRIT PETITION NO.5997 OF 2025

COMMON ORDER

In this Writ Petition, the petitioners are seeking a Writ of Mandamus declaring the action of the respondents in erecting the sign boards under the name and style of ‘Smashana Vatika’ under Telangana Government, i.e., the burial ground on the petitioners’ patta lands, i.e., total agricultural land admeasuring Ac.6.24 guntas in Survey Nos.113/రూ, 113/ఊ/2, 113/రు, 113/అ/1, 113/అ/2 situated at Tukkapur Village, Bhongir Mandal, Yadadri-Bhuvanagiri District, Telangana State, as illegal, arbitrary and unconstitutional and consequently to direct the respondents to remove the stone (khadis) with iron fencing and also the erected sign boards under the name and style of ‘Smashana Vatika’ and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioners claim to have purchased the agricultural land to an extent of Ac.6.24 guntas in Survey Nos.113/రూ, 113/ఊ/2, 113/రు, 113/అ/1, 113/అ/2 situated at Tukkapur Village, Bhongir Mandal, Yadadri-Bhuvanagiri District through registered sale deeds bearing Documents No.996/2023, 997/2023, 999/2023, 1000/2023 and 1002/2023 all dt.22.01.2023 registered in the office of the MRO and JSRO, Bhongir from their family members and have also obtained pattadar passbooks from the revenue authorities for the same. It is submitted that when the petitioners intended to clear the bushes for sowing crops, they found certain old dilapidated and abandoned memorial stones hidden in the soil. The petitioners therefore removed the same and the land was levelled with soil for agricultural purposes and it is stated that it was at this juncture, that the villagers have objected to the same and have lodged a complaint with the respondent police on 07.01.2025 alleging that the petitioners have removed the graves of their elders from the subject land. The villagers claim that it is the burial ground being used by them for the past 100 years and the petitioners should not have removed the burial stones. It is stated that in order to restrain the villagers from interfering with their agricultural land, the petitioners filed a suit for perpetual injunction vide O.S.No.19 of 2025 on the file of the Principal Senior Civil Judge’s Court, Yadadri- Bhuvanagiri District at Bhongir against Janagam Pandu and others along with I.A.No.28 of 2025 for ad interim injunction. It is submitted that vide orders dt.20.01.2025, ad interim injunction was granted against the respondents/defendants therein and while the matter stood thus, a representation was made by the villagers to the 6^th respondent on 06.01.2025 alleging that there were about 120 graves belonging to SC, ST, BC community members which were in existence for the past 100 years over the land admeasuring Ac.1.20 guntas in Survey No.113 of Tukkapur Village and Gram Panchayat and that the petitioners also illegally closed the road and damaged the road passage to the burial ground. The Collector, i.e., the 6^th respondent, has therefore directed the 8^th respondent to seek information on field level and report the issue and the 8^th respondent through the 9^th respondent, has issued a note under File No.A/65/2025 dt.08.01.2025 reporting that 120 graves existing for the past 50 years over the land admeasuring Ac.1.20 guntas in Survey No.113 have been found, and that they have been damaged and removed by the petitioners. A panchanama dt.28.01.2025 was recorded along with a draft map and survey of the graves was also recorded and it was reported that the land of Ac.1.02 guntas in Survey No.113 of was being used as burial ground for Tukkapur villagers. It is further stated that the ad interim injunction granted by the Principal Senior Civil Judge’s Court, Yadadri-Bhuvanagiri District at Bhongir was extended from time to time and it was modified to the order of status quo vide order dt.17.02.2025 and tha