APHC010526512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 28007/2024 Between:

Shaik Gouse Mohiddin ...PETITIONER AND The District Collector and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. SIVA RAMA KRISHNA KOLLURU Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR HOME

3. GP FOR REVENUE

4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following:

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

"…..to issue a Writ or direction or order one more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not taking any steps to prevent the installation of statue of Dr.B.R.Ambedkar Ranga in front of the shops and house of the petitioner bearing D.No.5-14 of Kothapeta Village & Mandal, Dr. B.R.Ambedkar Konaseema District, as illegal, arbitrary, contrary to the G.O.Ms.No.18, Transport, Roads and Buildings Department, Dated 18.02.2013, ratio laid down by the Hon’ble High Court in W.P.No.28447 of 2008, dated 01.06.2015, in violation of provisions of A.P.Panchayat Raj Act, Articles 21 and 300A of Constitution of India and Consequently direct the respondents not to permit the villagers of Kothapeta Village to install statue of Dr.B.R. Ambedkar in front of the shops and house of the petitioner in D.No.5-14 of Kothapeta Village & Mandal, Dr. B.R.Ambedkar Konaseema District and pass such other orders…..."

2. The present Writ Petition is filed aggrieved by the action of the respondents in not taking any steps to prevent the installation of statue of Dr. B.R.Ambedkar Ranga in front of the shops and house of the petitioner bearing D.No.5-14 of Kothapeta Village and Mandal, Dr.B.R.Ambedkar Konaseema District, as it is illegal, arbitrary and contrary to the G.O.Ms.No.18, Transport, Roads and Buildings Department dated 18.02.2013, and the ratio laid down by this Court in W.P.No.28447 of 2008 dated 01.06.2015.

3. Learned Assistant Government Pleader for Revenue furnished proceedings dated 02.12.2024 addressed by the Tahsildar, Kothapeta, to the Government Pleader for Revenue, High Court of Andhra Pradesh. On perusal of the said proceedings, it transpires that a field enquiry was conducted by the Panchayat Secretary of Kothapeta Grama Panchayat and there is no activity to establish statues in front of the petitioner’s house and there are no structures constructed in the petitioner’s schedule property area and warned board is also established earlier in connection with O.S.No.152 of 2022 on the file of the Civil Judge’s Court, Kothapeta.

4. As seen from the aforesaid proceedings of the Tahsildar, Kothapeta, there is no statue is going to be installed in front of the petitioner’s house bearing D.No.5-14 of Kothapeta village.

5. Hence, the Writ Petition is closed. There shall be no order as to costs.

As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.

__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 02.01.2025 siva THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28007 of 2024 Date: 02.01.2025

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