ORDER:

This writ petition came to be filed under the Article 226 of the Constitution of India, seeking the following relief:

“to issue writ or direction more particularly one in the nature of Writ Mandamus, declare the proposed action of the respondents 2 and 8 herein in considering the application for granting any permission for installation of statue of Dr. Y.S.Rajasekhar Reddy at public utility place, public road margin and R & B road, Guntur to Hyderabad Highway pavement situated at Open place before the 8th respondent office which is illegal, arbitrary, unconstitutional and in violation of G.O.Ms.No. 18 dated 18.02.2013 and judgment of the Honble Apex Court rendered in SLP No. 8519 of 2006 dated 18.01.2013 and consequently to direct the respondents herein not to grant any permissions / sanction for installation of statue of Dr. Y.S.Rajasekhar Reddy at subject place situated at public road margin of Guntur, Hyderabad Highway in front of the open place of 8th respondent.”

2. At the time of admission of this writ petition on

27.01.2021, following interim order was granted:-

“Learned counsel for the petitioners stated that the respondents are trying to erect a statue from converting a public utility place/public road margin of R&B road (Guntur to Hyderabad Highway), situated at open place before the 8th respondent’s office, which is violative of G.O.Ms.No.18 dated 18.02.2013 and also the ratio decided by the Hon’ble Apex Court in Union of India V. State of Gujarat & others in Special Leave to Appeal (Civil) Nos.

8519/2006, dated 18.01.2013.

Learned Government Pleader appearing on behalf of the respondents stated that the 3rd parties have made have an application before the 3rd respondent-District Collector, who is the competent authority and it is pending consideration. Learned Government Pleader on oral instructions further submitted that no work is in progress in the said place.

Considering the submissions made by both the counsel, liberty is given to the petitioners to make a fresh representation to the 3rd respondent-District Collector by furnishing copies of G.O.Ms.No.18 dated 18.02.2013 and order in Special Leave to Appeal (Civil) Nos. 8519/2006, dated 18.01.2013 of the Hon’ble Apex Court. On receipt of such representation, the 3rd respondent-District Collector is directed to consider the same and pass appropriate orders as per the applicable rules.”

3. When the Writ Petition came up for hearing today, learned Government Pleader for Roads and Buildings has furnished a copy of the letter No. W.P.No. 1868 of

2021/2023/DEE/ NH/Guntur, dated 17.07.2023 wherein it is stated as follows:-

“The (R&B) State High way (SH-021) was recently converted as NH 167 AG as National Highway vide Govt of India Gazette S.O.No. 1299 (E) dated 23.03.2021. No permissions/sanction was accorded by this Department for installation of statue of Dr. Y.S.Rajasekhar Reddy at subject place situated at public road margin of Guntur-Hyderabad Highway in front of the open place of 8th respondent (Panchayat Secretary). Further, as per Govt. of AP G.O.Ms.No.18 dated 18.02.2013 and judgment of the Hon’ble Supreme Court rendered in SLP No. 8519 of 2006 dated 18.01.2013, no permission/sanction for installation of statues are not permitted by this department in National Highways.”

4. The 3rd respondent has filed counter stating that in pursuance of the interim order of this court, the respondents have examined the case with reference to the available records and issued proceedings vide Rc.No. 2729/2020/SH7 dated 22.22.2021 stating that no application has been filed by the villagers, Medikondur for installation of the statue before the District Status Committee, and if any application is filed, the competent authorities will take a decision in the matter.

5. Heard and perused the material placed on record.

6. Admittedly, as per the instructions of the Deputy Executive Engineer, (R&B) NH Sub Division, Guntur, no permission/sanction was accorded by the Department for installati