ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Panchayat Raj and Rural Development for the respondents.

The present Writ Petition is filed declaring the action of respondent Nos. 1 to 6 in not taking steps to remove the Mery Mata Statue which was installed recently by the unofficial respondent Nos. 7 to 9 infront of the land of the petitioners in R.S.No.247, 248 and 249 of Chodavaram Village, Penamaluru Mandal, Krishna District which was acquired from the petitioners and others for widening of road as illegal and arbitrary.

Learned counsel for the petitioners would submit that the petitioners are the absolute owners and possessors of agricultural lands in R.S.No.247/2B to an extent of Ac.0.08 cents, R.S.No.247/3A to an extent of Ac.0.71 cents, R.S.No.247/3B to an extent of Ac.0.05 cents, R.S.No.247/4B to an extent of Ac.0.05 cents, R.S.No.247/5 to an extent of Ac.2.78 cents, R.S.No.248/3 to an extent of Ac.0.19 cents, R.S.No.249/2C to an extent of Ac.0.40 cents situated in Chodavaram Village, Penamalur Mandal, Krishna District having acquired the same through their ancestors. Since their acquisition, they have been in peaceful possession and enjoyment of the subject properties. While so, for formation of the irrigation canal some of the land of the petitioners was acquired by paying compensation. After such acquisition, they formed KLF canal through their land.

While the things stood thus, the respondent Nos. 7 to 9 are taking steps for construction of statue without there being any permission or authority adjacent to the canal bund and abutting to the lands of the petitioner. If the said construction of the statue is completed, the ingress and egress to the petitioners land is deprived off. He further submitted that the petitioner herein also made representation dated 03.04.2013 to the respondent authorities brining to their notice about illegal erection of the statue. Pursuant to the said representation, the Assistant Engineer/ 3rd respondent herein also addressed a letter to the 6th respondent to take appropriate action against the illegal erection of the statue by respondent Nos. 7 to 9. But no action was initiated by the respondents. Therefore, the petitioner filed the present Writ Petition.

After filing of the Writ Petition, on 30.04.2013, this Court was pleased to pass an interim order directing the respondents not to allow erection of any statute at the subject site. In view of the interim orders passed by this Court, the statue was not erected but a pillar was constructed by that time.

On the other hand, learned Government Pleader for the respondents submits that no statue was erected but only a pillar was erected. He further submitted that they cannot permit any statue within the premises of the canal bund without there being any permission from the authorities.

Having regard to the contentions made by the learned counsel for the petitioners as well as the learned counsel for the respondents, it is appropriate to dispose of the Writ Petition directing the respondent authorities to take steps for removal of pillar which is an unauthorized construction in the subject property by issuing notices to the parties concerned by following due process of law within a period of three (3) months from the date of receipt of a copy of this order.

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

Consequently, miscellaneous applications, pending if any, shall stand closed.

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VENKATESWARLU NIMMAGADDA, J

Dt:08.09.2022

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226 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.14096 of 2013 Dated:08.09.2022

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