The High Court · 2025

Petition under Section 151 CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to issue the Easement certificate to the petitioner Gram panchayat for the rand to an extent of 0-20 gts. ln Sy. No.1 2 of Japal Village which is being used as the burial ground by the Veerashaiva Lingayat Community people for the past 200 years in the light of the report of the 3'd respondent in Lr.No.913/2012, dated 5.2.2013 forthwith, pending disposat of the above W.p Counsel for the Petitioner: SRl. K. RATHANGA pANt REDDY Counsel forthe Respondents: Gp FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.\/.SHRAVAN KUMAR WRIT PEf,ITION No.4O679 of 2OLS ORDER: This Writ Petition is liled questioning the action of respondent No.2 in not taking any action for grant of Easementar5l Certihcate to the petitioner in pursuance to the report submitted by responclent No.3 on 05.02.2013 in his Lr.No.913/2012 for the land to an extent of Ac-O-20 guntas in Survey No.12, Japal Gram Panchayat, Manchal ManCal' Rangareddy District, which is being used as a burial ground by the Veerashaiva Lingayat Community people for the past more than 20O years, as per the panchanama enclosed to the said proceedings of respondent No.3. A consequential prayer is made to direct respondent Nos.2 and 3lor graat oi Basementary Certificate.

2. The brief facts stated in the Writ Petition are that the petitioner is Japal Gram Panchayat, Manchal Mandal, Rangareddy District representing by its elected Sarpanch' The petitioner submits that in their village, there are people belonging to Veerashaiva Lingayat Comrnunity and they have been burying the ciead bociies itr Sun'ey No.12 of thcir village to an extent ol Ac.O-20 gr.tntas. There are number of graveyards ) existing in the said piece o[ land admeasuring Ac.O_20 guntas and Easementary right of Veerashaiva Lingayat Community people has been recognized by the Gram panchayat and communitv at large. Some third parties has purchased the ra,d and now .bjecting for burying the dead bodies. The Gram Panchayat along with entire people residing in that area had represented to the respondents and pursuing the same, the respondent No.2 _ District Collector directed respondent No.3 _ Tahsildar to submit a report. The Tahsildar _ respondent No.3 submitted a report on OS.02.2013 uide Lr.No.913/20 12 clearly narrating that the land admeasuring Ac.O_20 guntas in Survey No.12 has been used for burial ground by the Veerashaiva Lingayat Cornmunity along with pathway to reai:h graveyard ald also conlirmed that it has been existing for the rrast 2O0 yards. 3. [t is lurther submitted that the matter is pending before respondent No.2 _ The District Collector for consideration for both i.e. for issuance of Easement certificate as rr,elr as directing the Tahsildar to acquire the said piece of larlcl. Though, the Tahsildar s,bmitted a report u,ay back on 05.02.2O13, .o action has been taken ar-td whenever any person in the said Community dies, it is crearti.g law and ordcr probiem in the r-illage and third partres, rvho tiacl purchased the said land are objr:cting lor burial of the cleacl bodies. As such, the petitioners soLleht lor issuance of Easement Certihcate. As the said Eascment Certificate has not been issued tilt date, the present Writ Petition is hled' 4 Heard learned Assistant Government Pleader for Revenue'

5. karned Assistant Government Pleader for Revenue submits that there is no procedure conternplated for issuance of EasementCertiFrcateandthatonlyaCivilCourtcal1grant Easementar5r Certiftcate on a suit filed for easement rights' It is only the Civil Court, which can pass such orders and the respondent Authoriti'es carnot grant such certificate'

6. To that extent, no submissions were made by the learned counsel for the Petitioner. 7 . With the above observations, the Writ Petition is disposed of granting liberty to the petitioner to seek appropriate remedy as available under lanv. B. Accordingly, the Writ Petition is disposed of' There shall be no order as to costs As a sequel, miscellaneous applications pending in this petition, if any, shall stand closed' //TRUE COPY// DF B. REKHA RANI ANT REGISTRAR ECTION OFFICER To,

1. The Principal Secretary, Revenue Department' Secretariat Buildings' z it!'oi'.t*t cott."tor, Ranga Reddy District at Lakdikapool' T.S.. Hvderabad .

3. The Tahsildar, Manchal Mandal, Ranga Reddy District. 4. One CC to SRI. K. RATHANGA PANI REDDY, Advocate [oPUC] 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUTI

6. Two CD Copies BM GJP \ My HIGH COURT DATED:04t0gt2}2i 1 \ I t j * 25 srP zffi l! ,.,',,y' .,tlt'-,,i" ::// ORDER WP-No.40Gt9 of 2015 DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS 1 C\ ?,