Y. Krishnudu, v. The District Collector,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21817 of 2004 ORDER:

This writ petition was filed by an individual claiming to be the President of Kalavanthulu Samkshema Sangam, Velugode Village, Kurnool District, seeking a declaration that the respondent authorities had no right over the land admeasuring Acs.3.54 cents in Survey No.374/1 of Velugode Village, which was a burial ground, and a consequential direction to the authorities not to allot the said land to third parties.

By order dated 29.11.2004, this Court directed status quo obtaining as on that date to be maintained by the parties.

The Tahsildar, Velugode Mandal, filed a counteraffidavit stating that out of the total extent of Acs.4.83 cents in Survey No.374/1 of Velugode Village, Acs.1.29 cents was earmarked as a burial ground for the use of Scheduled Caste people and the balance area of Acs.3.54 cents was being used as a burial ground by Kalavanthulu community people. He further stated that the said land was not proposed to be allotted to third parties as it was classified as a burial ground and change of such classification did not arise.

In the light of the clear denial by the authorities that there was any proposal to allot the subject land to third parties, it is clear that the writ petition was filed on a mere apprehension. The stand of the authorities as set out in the counter-affidavit of the Tahsildar, Velugode Mandal, is taken on record.

The writ petition is accordingly closed.

Interim order dated 29.11.2004 shall stand vacated. Pending miscellaneous petitions shall also stand closed. No order as to costs.

____________________ SANJAY KUMAR, J 10th MARCH, 2015.

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