THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.765 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. M.Saroj Reddy, learned counsel for the
appellants; Ms. Shakera Banu, learned counsel
representing Mr. M.A.K.Mukheed, learned counsel for
respondents No.1 to 4; Mr. T.Srikanth Reddy, learned
Government Pleader for Revenue appearing for respondents No.5 to 7; Mr. R.Chandra Shekar Reddy, learned counsel for respondent No.8; Mr. Md. Abdul Mateen Qureshi, learned Assistant Government Pleader for Home appearing for respondents No.9 and 10; and Mr. Abu Akram, learned counsel for respondent No.11.
2. This writ appeal has been preferred against the order dated 08.08.2022 passed by the learned Single Judge disposing of W.P.No.30874 of 2022 filed by respondents No.1 to 4 as the writ petitioners.
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3. Respondents No.1 to 4 had filed the related writ petition for a direction to the official respondents to stop illegal and unauthorised construction being carried out by respondents No.8 to 14 in the writ petition (appellants and respondents No.12 to 14 herein) in respect of land to the extent of Acs.2.20 guntas in Survey No.487 situated at Bijnapally Village and Mandal in Nagarkurnool District (subject land) which is used as a Muslim graveyard.
4. Learned counsel for the appellants submits that though appellants were arrayed as respondents in the writ proceedings, no notice was issued to the respondents and without hearing the respondents, learned Single Judge disposed of the writ petition.
5. From a perusal of the order of the learned Single Judge dated 08.08.2022, we find that learned Assistant Government Pleader for Revenue had informed the learned Single Judge on the basis of written instruction received from the concerned Tahsildar that the subject land is a Government land and recorded as Kariz Khatha in the revenue record. The same was used as a Kabarsthan 3 under the control of Telangana State Wakf Board. Learned Single Judge found that Tahsildar had issued notice dated 19.07.2022 to the persons carrying out constructions in the graveyard area. But no follow up steps were taken. It is in such circumstances that the writ petition was disposed of by directing District Collector, Nagarkurnool District; Tahsildar, Bijnapally Mandal; and Telangana State Wakf Board to take steps for protecting the subject land from unauthorised encroachments and illegal constructions and to complete the process within eight weeks.
6. In the hearing today, we had put a query to learned counsel for the appellants about the status of the subject land. He admits that this is a government land used as a graveyard. However, he submits that appellant No.1 is a committee of the local people looking after the graveyard. Constructions have been made on permission being granted by the Gram Panchayat so as to earn some income to carryout activity of protecting the graveyard. 4
7. We are afraid, the same can be a good ground for encroaching upon and making construction over government land used as a graveyard. The Gram Panchayat also would not have any authority to grant such construction permission in the graveyard.
8. Therefore, non-issuance of notice to the appellants would not, in our view, vitiate the order passed by the learned Single Judge.
9. For the aforesaid reason, we dismiss the writ appeal as being of no merit.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 22.11.2022 vs