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2026 Supreme(Online)(AP) 20196

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


2026:APHC:20874

APHC010239372026


WRIT PETITION NO: 12478/2026


Between:


1. RACHARLA CHITTIBABU, S/O MODIYYA, AGED ABOUT 60 YEARS, R/O TALLAPUDI VILLAGE, TALLAPUDI MANDAL, EAST GODAVARI DISTRICT.


2. TAMIRSI BALA CHANDRUDU, S/ O MANGARAJU, AGED ABOUT 63 YEARS, R/ O TALLAPUDI VILLAGE, TALLAPUDI MANDAL, EAST GODAVARI DISTRICT.


3. KODMANCHILI SEEMA RAJU, S/O VENKAIAH, AGED ABOUT 55 YEARS, R/ O TALLAPUDI VILLAGE, TALLAPUDI MANDAL, EAST GODAVARI DISTRICT


4. J.SUBBARAO, S/O VEERA RAJU, AGED ABOUT 67 YEARS, R/ O TALLAPUDI VILLAGE, TALLAPUDI MANDAL, EAST GODAVARI DISTRICT.


...PETITIONER(S)


AND


1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.


2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM.


3. THE REVENUE DIVISIONAL OFFICER, KOVVUR REVENUE DIVISION, KOVVUR, EAST GODAVARI DISTRICT.


4. THE TAHSILDAR, TALLPUDI MANDEL, EAST GODAVARI DISTRICT, ANDHRA PRADESH.


5. THE STATION HOUSE OFFICER, TALLAPUDI POLICE STATION, TALLAPUDI, EAST GODAVARI DISTRICT.


6. THE ASSISTANT ENGINEER, R AND B DEPARTMENT, TALLAPUDI, TALLAPUDI MANDAL, EAST GODAVARI DISTRICT.


7. THE TALLAPUDI GRAM PANCHAYAT, REP BY PANCHAYAT SECRETARY TALLAPUDI, TALLAPUDI MANDAL, EAST GODAVARI DISTRICT.


...RESPONDENT(S):


THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO


FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX

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 any writ order or direction more particularly one in the nature of writ of mandamus or appropriate writ to declare the action of Respondent No.4 in addressing a letter Dt.20.04.2026 to the Respondent No.5 to provide security in removing the Statue of Babu Jagjeevan Ram from R and B Road margin at Tallapudi (village and Mandal), East Godavari District of Andhra Pradesh without issuing any notice to any of the founder members of the said statute as illegal, arbitrary, violative of the Principles of Natural Justice as enshrined in Article 21 of the Constitution of India and consequently direct the respondents to not to remove the statue without following the due process of law

IA NO: 1 OF 2026

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 stay all further proceeding in pursuance of the letter dated:20.04.2026 for removal of the statue of "Babu Jagjeevan Ram" pending the disposal of the main writ petition

Counsel for the Petitioner(S):

1. M DHANA RAJU

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR ROADS BUILDINGS

3. GP FOR HOME

4. GP FOR REVENUE

The Court made the following:

ORDER:-

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

“…to issue any writ, order or direction more particularly one in the nature of writ of mandamus or appropriate writ to declare the action of Respondent No.4 in addressing a letter Dt.20.04.2026 to the Respondent No.5 to provide security in removing the Statue of Babu Jagjeevan Ram from R and B Road margin at Tallapudi (village and Mandal), East Godavari District of Andhra Pradesh, without issuing any notice to any of the founder members of the said statute as illegal, arbitrary, violative of the Principles of Natural Justice as enshrined in Article 21 of the Constitution of India and consequently direct the respondents to not to remove the statue without following the due process of law.…”

2. Heard Sri M.Dhanaraju, learned counsel for petitioners and learned Assistant Government Pleaders for respondents.

3. It is narrated in the affidavit filed in support of the writ petition that about twenty-four years back, in the year 2002, the petitioners along with village elders and youth resolved to install the statue of Dr.Babu Jagjivan Ram on the unused road margin of R&B road, opposite the Madiga colony (SC community area) of Tallapudi Village.

4. And further stated an application was made to the then District Collector seeking permission for installation of Dr. Babu Jagjeevan Ram statue in the year 2002, this request was not addressed by the then District Collector, and in the year 2005 the statue of Dr. Babu Jagjeevan Ram was installed in the village. Now, the respondents are attempting to remove the statue without following due procedure of law.

5. It is further stated that some of the villagers, who are opponent, have invoked the jurisdiction under Article 226 Constitution of India vide W.P.No.17315 of 2025, before this Court, contending that the statute was erected in violation of conditions enumerated in G.O.Ms.No.18 dated 18.02.2013, and pleaded therein to direct the official respondents to take action against these petitioners for removal of the statue erected by these petitioners. This Court has resolved the writ petition as follows:

“…Given the circumstances and, by virtue of G.O.Ms.No.18 dated 18.02.2013, in view of the facts and circumstances of the case, this Writ Petition is disposed of directing the District Collector concerned to look into the grievance of the petitioner and if found that the statue is erected without any permission, take steps in a

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