Hyderabad: The Telangana High Court on Friday expressed shock at the prospect of ordering the relocation of graves from a parcel of land in Nadergul near Badangpet, as sought by IDBI Bank. The bank had petitioned the court for directions to remove the graves from land mortgaged to it by a private company, arguing that the presence of a burial site had obstructed its recovery proceedings.
Background of the Case
The bank had extended a term loan of Rs 3.90 lakh to Melange Clothing Ltd in 2009, against the mortgage of more than 2,100 square yards of land. Following the company's default, the bank initiated recovery proceedings and auctioned the property in 2025. However, the process came to a halt when an advocate commissioner, appointed by the chief judicial magistrate to secure possession of the land, discovered recent burials on the site.
Court's Observation
Hearing the matter, Justice B Vijaysen Reddy observed, "The dead also have rights. Sentiments have to be respected in such situations." The judge adjourned the case to July 1 and sought responses from municipal authorities and the police. He also remarked that such disputes often arise due to banks' "incomplete and compromised verification process" before disbursing loans.
Bank's Argument
Appearing for IDBI Bank, counsel Ch Ravinder argued that police and municipal verification had confirmed that the graves were unauthorised and did not form part of any recognised burial ground under the Greater Hyderabad Municipal Corporation Act or the Telangana Municipalities Act. The bank alleged that the borrower, identified as N Ram, along with others, had colluded with local residents to deliberately bury bodies on the land. According to the bank, the move was intended to exploit religious sentiments and frustrate its legal obligation to hand over vacant possession to the auction purchasers, despite the existence of a long-established designated village burial ground nearby.
Legal Precedents Cited
Citing judgments of both the high court and the Supreme Court on the exhumation and relocation of bodies buried outside authorised burial grounds, the bank contended that municipal authorities were legally bound to intervene. It sought directions to the authorities to exhume the bodies and relocate them respectfully to an authorised cemetery.
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About the Author: Pinto Deepak - Legal Correspondent for The Times of India, Hyderabad, covering Telangana High Court and Supreme Court matters related to the state. Formerly reported on crime in Telangana, including high-profile and violent cases in Hyderabad. Now focused on legal developments, constitutional issues, and judicial accountability in the state's top courts.
