K MUNIKRISHNAIAH Vs. NALLAMANI KALVA GRAM PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed for a mandamus to declare the action of Respondent No. 2 in erecting warning board in Survey No. 35 admeasuring Ac.0.70 cents showing the same as burial ground without its conversion as such by following due process of law, as illegal and arbitrary. The Petitioner sought for a consequential direction for disposal of his representation, dated 31.01.2010, for grant of assignment in respect of lands admeasuring Ac.0.40 and Ac.0.70 cents in Survey Nos. 30 and 35 respectively of Nallamani Kalva Village, Tirupathi Rural Mandal, Chittoor District.

(2.) The Petitioner claims that his father was in occupation of the above-mentioned lands for a number of years, that in recognition of his possession, the Respondents issued B-Memos and that the lands were classified as assessed waste and kalva poramboke. The Petitioner further pleaded that on 29.05.1981, eksaal patta was granted in favour of his father and that after the death of his father, he is in possession of the same. He further pleaded that when certain third parties sought to interfere with his possession, he was constrained to file two civil suits, in O.S. Nos. 396 of 1993 and 627 of 2003, in the Courts of I Additional Junior Civil Judge, Tirupathi and Principal Junior Civil Judge, Tirupathi, and that both the suits were decreed in his favour on 23.09.1996 and 14.08.2007 respectively, by rendering clear and categorical findings that he is in possession and occupation of the lands.

(3.) The Petitioner alleged that the Gram Panchayat allotted Survey No. 362 for burial ground, that one Sri Janachaitanya Housing Private Limited unauthorizedly sold away the said land by converting it into plots and that in order to make a provision for burial ground, the Respondents have proposed to earmark the land in his occupation as burial ground.