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2000 Supreme(AP) 855

Andhra Pradesh High Court
Judges : V.V.S.RAO
B.Veera Reddy Swamy - Appellant
Versus
Station House Officer, Kolimigundla - Respondent
Decided On : 11-15-00

Headnote:AP Ancient and Historical Monuments and Archealogical Sites and Remains Act, 1960 - Section 4(1) and 4(3) - protected Monument - Declaration - who can object - A third party other than owner of protected monument cannot object for the declaration

V. V. S. RAO, J.

( 1 ) IN all these writ petitions, one B. Veera Reddy Swamy is the petitioner. He is aggrieved by the action of the respondents in interfering with his alleged right and interest in belum Caves situated at Belum village of erstwhile Koilkuntla Taluk in Kurnool District, which, after bifurcation, is now within the Revenue jurisdiction of Kolimigundla Mandal. It is, therefore, proper to dispose of all the writ petitions by a common order.

( 2 ) BRIEFLY stated, the facts relevant for considering the controversy raised by the petitioner are as follows : One Englishman Mr. Robert Bruce Foote surveyed the Caves in Belum village in 1884, as recorded by Geological Survey of India, Calcutta, 1884. Extensive research was conducted by that Englishman, which was followed by a survey to a length of 300 meters into the Cave by one Krishna Murthy in 1914. In 1981-82, a German team of Geologists and in 1983-84 a Seismologist Herbert Daniel Gebauer explored the belum Caves to a length of 3,225 meters. After this, the Department of Archaeology, Government of Andhra Pradesh, so as to protect the Caves from vandalism posted a Watchman in 1985. The petitioner claiming to be a spiritual person with unproved penance in Himalayas filed W. P. No. 27648 of 1998 praying for a direction against Station House Officer (S. H. O.), Kolimigundla P. S. and the Circle Inspector of Police, Koyalakuntla, not to interfere with his alleged religious and spiritual activities like pooja , religious discourses, allegedly being conducted in belum Caves by the petitioner. He also sought an interim direction to the police not to interfere with his alleged religious and spiritual activities. While admitting the writ petition on 6-10-1998, on the same day, this Court granted interim direction for four weeks. Later, the same was not extended and, therefore, the petitioner approached this Court by way of a petition being W. P. M. P. No. 22404 of 1999 and sought the case to be listed for being mentioned. The said miscellaneous application was disposed of by this Court as unnecessary, as"the interim order granted by this Court on 6-10-1998 was only for a period of four weeks and that interim order stood expired on 6-11-1998". The matter was directed to be listed for final hearing on 14-3-2000.

( 3 ) THE petitioner filed another writ petition being W. P. No. 20012 of 1999 on 23-9-1999. In this writ petition, he stated that the Government filed counter in W. P. No. 27648 of 1998 stating that the Government of Andhra Pradesh issued a Notification vide G. O. Rt. No. 1847 dated 8-11-1989 by declaring the belum Caves as protected monuments under sub-section (3) of Section 4 of A. P. Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960 (Act VII of 1960) ( the Act for brevity), that the said provisions of the Act were not followed properly and that no notice as contemplated under Sections 4 (1) and 4 (3) of the Act was given to the petitioner. He sought for a declaration that the action of the respondents in interfering with peaceful and religious and spiritual activities of the petitioner and his devotees to perform pooja , meditation, religious discourses at belum Caves , without acquiring any right or power under the Act and the Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1961 ( the Rules for brevity ). This Court initially issued notice before admission on 24-9-1999 and the matter was admitted on 18-8-2000 and was ordered to be listed along with W. P. No. 27468 of 1998.

( 4 ) THE third writ petition being W. P. No. 21096 of 1998 is filed by the petitioner praying for a writ of mandamus declaring the action of the Revenue and Police officials in locking the entrance gate of belum Caves as illegal and for a consequential direction to the officials to open the entrance gate to the belum Caves and not to cause obstruction to religious and spiritual activities allegedly being con




















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