APHC010218672023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11762/2023 Between:

1. ABDUL RASUL SHAIK, SON OF HUSSAIN SAHEB SHAIK, AGED ABOUT 45 YEARS, OCCUPATION- FARMER, A RESIDENT OF 2-56, MUSLIM STREET, JALADURGAM VILLAGE PEAPULLY MANDAL, NANDYAL DISTRICT ...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT AND RURAL DEVELOPMENT VELAGAPUDI AMARAVATI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT.

3. THE DISTRICT PANCHAYAT OFFICER, NANDYAL, NANDYAL DISTRICT.

4. THE TAHSILDAR, PEAPULLY MANDAL, NANDYAL DISTRICT.

5. THE STATION HOUSE OFFICER, JALADURGAM, PEAPULLY MANDAL, NANDYAL DISTRICT

6. THE PANCHAYATH SECRETARY, JALADURGAM PANCHAYAT, PEAPULLY MANDAL, NANDYAL 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 to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent Nos 2 to 6 not removing the statute of Dr.B.R. Ambedkar illegally installed in the middle of the 12 feet narrow road in ward no 1 of Jaladurgam village, Peapullymandal, Nandyal district is a violation of the Orders of the Hon'ble Apex Court in Special Leave to Appeal (C) No(s) 8519/2006 dated 18.01.2013 passed in I.A.No 10 of 2012 and also a violation of the G.O.Ms.No.18 Transport, Roads and Buildings (Roads-1) Department dated 18.02.2013 issued by the Government of Andhra Pradesh consequently direct the Respondent authorities to remove the illegally installedstatue of Dr.B.R. Ambedkar in the middle of the 12 feet narrow road in ward no 1 of Jaladurgam village, Peapullymandal, Nandyal district in terms of orders passed by this Hon'ble High Court in W.P.Nos Nos.344 AND 7024 OF 2019 and 27036 OF 2022 forthwith and 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 the respondent Nos 2 to 6 to remove the statue of Dr.B.R. Ambedkar illegally installed in the middle of the 12 feet narrow road in ward no 1 of Jaladurgam village, Peapullymandal, Nandyal district and not to allow installation of any other statues on the public road, pending disposal of the above writ petition and to pass IA NO: 2 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 pleased to permit the Petitioner herein to implead Proposed Respondent No 7/ Impleaded Respondent No 7 in the above Writ Petition no 11762 of 2023 and pass Counsel for the Petitioner:

1. BASHEER AHMED Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR REVENUE

3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:

ORDER This writ petition is filed questioning the inaction of respondent nos. 2 to 6 in removing the statue of Dr.B.R.Ambedkar installed in the middle of the 12 feet narrow road in ward No.1 of Jaladurgam village, Peapully Mandal, Nandyal District.

2. Heard Sri Basheer Ahmed, learned counsel for the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat, Sri Balakrishna, learned Assistant Government Pleader for Panchayat Raj and Ms. Shaheen, learned Assistant Government Pleader for Home.

3. Sri Basheer Ahmed, learned counsel, while reiterating the contents of the writ affidavit would contend that in the counter filed by Panchayat, they have categorically admitted that a statue has been erected obstructing the approach road, without obtaining any permission and Gram Sabha had passed a resolution refusing the permission. He would further contend that despite the same the authorities are not taking any action for removal of the statue.

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