Nidadavolu Seshu, v. The District Panchayat Officer,

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.7155 of 2012 ORDER:

No representation for petitioner. Heard learned counsel for respondents.

The petitioner prays for the following relief :- " ...... to issue writ, or direction especially one in the nature of writ of Mandamus declaring the action of the respondents in proposing to construct/ formation of the graveyard in Barrankula village, Nagayalanka Mandal, Krishna District, as illegal, arbitrary and violative of Section 91 of the A.P. Panchayat Raj Act and against the principles of natural justice and violative of Articles 14 and 21 of Constitution of India......."

On 15-03-2012 in W.P.M.P.No.9048 of 2012, the following interim order was passed.

" Heard Sri B.S.N. Naidu, learned counsel for the petitioner and Sri G. Raju, learned counsel representing Sri G. Elisha, learned Standing Counsel for Panchayats for the second respondent.

It is not in dispute that the formation of the graveyard/ burial ground had not yet taken place and the question whether the proposal is in accordance with the prescribed procedure needs to be gone into in the main writ petition. The petitioner also claims to have made a representation, dated 15.02.2012, in this regard. The first respondent shall, therefore, duly consider and pass appropriate orders in accordance with law on the representation of the petitioner, dated 15.02.2012, as expeditiously as possible and place any order so passed before this Court. However, the formation of

the graveyard/ burial ground in question shall stand stayed, until further orders herein.

After perusing the writ prayer and the interim order dated 15-03-2012, I am satisfied the interim order dated 15-03-2012 can be made as final order in the writ petition. If the petitioner is aggrieved by the decision of respondents, he is at liberty to work out remedies in accordance with law.

The writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. _____________ S. V. BHATT, J Dt: 23-01-2017 Prv