Installation of a statue on government land or public roads without valid permission, especially in violation of peace-maintenance orders under Section 145 Cr.P.C., is illegal and warrants removal to serve the public interest.

The Court made the following JUDGMENT:

(Per Hon’ble Mr.Justice Ninala Jayasurya)

Feeling aggrieved by order of learned Single Judge dated 01.12.2025 in W.P.No.11762 of 2023, appellants / third parties filed the present Writ Appeal.

2) 1st respondent filed said Writ Petition seeking to declare inaction of official respondents in not removing statue of Dr.B.R.Ambedkar installed in middle of 12 feet narrow road in Ward No.1 of Jaladurgam Village, Peapully Mandal, Nandyal District as illegal, voilative of the orders of the Hon’ble Supreme Court in Special Leave to Appeal No(s).8519 of 2006 dated 18.01.2013 in I.A.No.10 of 2012 and G.O.Ms.No.18 dated 18.02.2013 and for consequential directions to remove the same. Gram Panchayat filed counter affidavit, wherein it was stated that some villagers without knowledge of Panchayat authorities installed statue overnight in a different place, which is about 10 feet away from marked place and is obstructing approach road. Learned Single Judge after considering pleadings and submissions, arrived at a conclusion that statue was erected 10 feet away from the earmarked place, thereby obstructing approach road. Holding that statue has been erected without obtaining proper permission, learned Single Judge disposed of Writ Petition with a direction to District Collector to follow guidelines prescribed in G.O.Ms.No.55, dated 08.04.2021 for removal of statue as expeditiously as possible.

3) Learned counsel for appellants made submissions inter alia, to the effect that order under Challenge is not sustainable, in as much as the same was passed by taking into consideration facts, which were not completely disclosed in Writ Petition. It is his contention that pursuant to resolution dated 22.12.2022 passed by Gram Sabha, Jaladurgam allotting an extent of Ac.0-01 cents in Sy.No.854 for installation of statue of Dr.B.R.Ambedkar, 5th respondent, after enquiry, issued an Endorsement dated 24.12.2022 stating that land of an extent of Ac.0-01 cents in Survey No.854 as per resolution of Gram Panchayat has been allocated. Accordingly, Statue was installed in the land allocated in Sy.No.854, however same is sought to be removed on the premise that it was erected in the middle of road. He strenuously contends that photographs filed along with material papers clearly discloses that statue is away from C.C. road and rastha, does not cause obstruction to traffic or public utility. He also submits that in the light of the decision of learned Judge in Nelakudithi Venkatapathi Rao and Another Vs State of A.P., and Others , 2016 LawSuit (Hyd) 31, no permission is required for installation of statue as the place on which statue was erected does not form part of either road or road margin or any sideway. In any event, he submits that Order under challenge was obtained by suppression of correct facts and behind back of appellants herein. Therefore, the same is liable to be set aside.

4) Per contra, learned standing counsel for Gram Panchayat as well as learned Government Pleader representing revenue authorities made submissions to sustain order under appeal. Learned standing counsel submits that Gram Sabha, in view of objections raised by villagers and elders, vide resolution dated 02.01.2023 cancelled its earlier resolution alloc