APHC010460842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23840/2023 Between:

1. K N INDRA SHEKAR REDDY, S/O LATE NARASIMHA REDDY, AGED ABOUT 55 YEARS, R/O D.NO.4-19, ETTERI, KOTAGARAM, G.D NELLOORE MANDAL, CHITTOOR DISTRICT.

...PETITIONER AND

1. THE STATE OF AP, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, REP.

BY ITS PRINCIPAL SECRETARY.

2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT.

3. THE REVENUE DIVISIONAL OFFICER, CHITTOOR DIVISION, CHITTOOR DISTRICT.

4. THE TAHSILDAR, G.D. NELLORE MANDAL, CHITTOOR DISTRICT.

5. THE ROADS AND BUILDING, ROADS AND BUILDING CIRCLE OFFICE, VELLORE, CHITTOOR ROAD, OPPOSITE ZP OFFICE, RAJEEV GANDHI ROAD, CHITTOOR, ANDHRA PRADESH.

6. THE KOTAGARAM GRAM PANCHAYAT, KOTAGARAM VILLAGE, G.D. NELLORE MANDAL, CHITTOOR DISTRICT, REP. BY ITS SECRETARY.

7. A SWAMINATHAN, S/O MUNIRATNAM, ETTERI HARIJANAWADA, KOTAGARAM PANCHAYAT, G.D. NELLORE MANDAL, CHITTOOR

8. C BABU, S/O BATHAIAH, AGED ABOUT 40 YEARS, OCC.

BUSINESS, R/O ETTERI HARIJANAWADA, KOTAGARAM PANCHAYAT, G.D. NELLORE MANDAL, CHITTOOR DISTRICT.

9. A DAMU, S/O NAGAYYA, AGED ABOUT 36 YEARS, OCC.

BUSINESS, R/O ETTERI HARIJANAWADA, KOTAGARAM PANCHAYAT, G.D. NELLORE MANDAL, CHITTOOR DISTRICT.

10. S SUBRAMANYAM, S/O NARSAIAH, AGED ABOUT 40 YEARS, OCC. BUSINESS, R/O ETTERI HARIJANAWADA, KOTAGARAM PANCHAYAT, G.D. NELLORE MANDAL, CHITTOOR DISTRICT.

11. R CHINNASWAMY, S/O RAMADASU, AGED ABOUT 43 YEARS, OCC. BUSINESS, R/O ETTERI HARIJANAWADA, KOTAGARAM PANCHAYAT, G.D. NELLORE MANDAL, CHITTOOR DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to erect the Ambedkar Statue in respect of land in Sy.No.325 to an extent of Ac.1.22 cents situated at Kotagaram Village, G.D. Nellore Mandal, Chittoor District by the unofficial respondents, which is abutting the land hold in possessed by the petitioner and obstructing the right of passage, without issuing any notice to the petitioner, without following the due process of law, is highly illegal, arbitrary, violation of Principles of Natural Justice and in violation of Articles 14 and 300-A of the Constitution of India and consequently direct action of the respondents not to erect the Ambedkar Statue in respect of land in Sy.No.325 to an extent of Ac.1.22 cents situated at Kotagaram Village, G.D. Nellore Mandal, Chittoor District by the unofficial respondents, which is abutting the land hold in possessed by the petitioner and not to obstruct the right of passage, to follow the due process of law and to pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct action of the respondents No. 2 to 6 not to erect the Ambedkar Statue in respect of land in Sy.No.325 to an extent of Ac.1.22 cents situated at Kotagaram Village, G.D. Nellore Mandal, Chittoor District by colluding with the unofficial respondents, which is abutting the land hold in possessed by the petitioner and not to obstruct the right of passage, to follow the due process of law pending disposal of the above writ petition and pass such other order or orders may deem fit and proper in the Counsel for the Petitioner:

1. PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS

2. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT

3. GP FOR REVENUE

4. M.S.BANU PRASAD RAO The Court made the following:

ORDER This Writ Petition is filed questioning the inaction of the respondents in preventing the official respondents from erecti