THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.8313 OF 2025

O R D E R

In this Writ Petition, the petitioners are seeking a Writ of Mandamus declaring the inaction on the part of respondents 2 to 4 in preventing the unauthorised and illegal attempts by respondents 7 to 11 and their associates from erecting the statue of Dr. B.R. Ambedkar and further in failing to demolish the illegally constructed pillars intended for erection of the said statue, without obtaining prior permission from the competent authority, as illegal and arbitrary and consequently to declare that no such permission can be granted as it is likely to disrupt communal harmony and public order in Bhavanipet Village and to further direct respondents 2 to 4 to take effective steps to prevent the unlawful erection of the statue and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioners are all residents of Bhavanipet Village, Bodhan Mandal, Nizamabad District. They submit that there is a Srirama temple in Bhavanipet Village and the unofficial respondents 7 to 11 have attempted to erect the statue of Dr. B.R. Ambedkar in the open area near the temple which is actually being used by the villagers for performing religious functions and also marriages, etc. It is submitted that without obtaining any permission from the appropriate authority, respondents 7 to 11 have constructed pillars and have made an attempt to erect the statue and the petitioners have made a complaint before the Station House Officer, Bodhan and FIR No.70 of 2025 dt.05.03.2025 was registered against them. It is submitted that thereafter, there was a bind- over order against respondents 7 and 11 due to enforcement of election code. It is submitted that respondents 7 to 11 are now making efforts to erect the statue in the said site and the petitioners are seeking a Writ of Mandamus declaring the inaction on the part of official respondents in preventing such erection without prior approval of the competent authority, as illegal and arbitrary.

3. At the time of admission of this Writ Petition on 19.03.2025, this Court had granted an interim direction to maintain status quo obtaining as on that date with regard to erection of the statue of Dr. B.R.

Ambedkar in the subject property.

4. The 5^th respondent Gram Panchayat has filed a counter affidavit stating that the villagers of Bhavanipet Village have made a representation before the Tahsildar, Bodhan on 27.02.2025 objecting to erection of Dr. B.R. Ambedkar statue in the premises of the community hall and that the Tahsildar has addressed a letter to the Sub-Collector vide letter dt.05.03.2025 in this regard. It is also submitted that FIR No.70 of 2025 has been registered against respondents 7 to 11 for their attempt in erecting the statue without valid permission.

5. On behalf of respondents 7 to 11, a counter affidavit has been filed by the 7^th respondent stating that the 5^th respondent Gram Panchayat has passed a resolution on 01.09.2015 for erection of Dr. B.R. Ambedkar statue and the writ petitioners along with all other villagers also participated in the resolution. It is submitted that respondents 7 to 11 have also submitted a representation dt.10.03.2025 for permission to erect the statue and that the entire villagers supported erection of the statue with their signatures. It is submitted that Lord Srirama temple has been constructed by the villagers on the other side of the village. It is stated that permission from the District Collector is required only when the land is not under the control of the Gram Panchayat, whereas in the present case, the land belongs to the Gram Panchayat and that respondents 7 to 11 have already submitted a representation before the District Collector by enclosing all the documents. A copy of the resolution dt.01.09.2015 is also filed along with the counter affidavit.

6. The 3^rd respondent has filed a counter affidavit stating that the