Citation : 2021 Latest Caselaw 1722 AP
Judgement Date : 24 March, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (SPECIAL ORIGINAL JURISIDICTION) WEDNESDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE : 'PRESENT: "Su got THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY © Lo: WRIT PETITION NO: 23444 OF 2020 Y Between: Mannam Srinivasa Rao,, S/o. Seetayya " Y AND Petitioner 1. The State of Andhra Pradesh, rep by its Principal Secretary Panchayat Raj and natal Development Department Secretariat Buildings, Amaravathi, Guntur istrict. The District Collector, Guntur District, Guntur, The District Panchayat Officer,, Guntur District, Guntur. The Mandal Parishad Development Officer, Savalyapuram, Guntur District The Karumanchi Gram Panchayat, Karumanchi, Savalyapuram Mandal Guntur District, represented by its Secretary, J 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 order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents in allowing to install Dr. Y.S. Rajashekar Reddy Statue on the margin of public road situated in front of the petitioner's house bearing H. No. 2-94, Karumanchi Village, Savalyapuram Mandal, _~ Guntur District as illegal, arbitrary, contrary to G.O.Ms. No. 18, Transport, Roads and Buildings (Roads-1) Department dated 18.02.2013, against to the principles of natural justice and in violation of Article 300-A of the Constitution of India and consequentially direct respondents not to allow to install any statue or construction of any structure in the margin of public road situated in front of petitioner's house bearing H. No. 2-94, Karumanchi Village, Savalyapuram Mandal, Guntur District in-the interest of justice. AWN Respondents IA NO: 1 OF 2020 : a 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 respondents not to allow to install any statue or construction of any structure in the ~ margin of public road situated in front of petitioner's house bearing H. No. 2-94, Karumanchi Village, Savalyapuram Mandal, Guntur District, pending disposal of WP 23444 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Kambhampati Ramesh Babu, Advocate for the Petitioner, GP for Panchayat Raj for the Respondent No.1 & 3 GP for Revenue for Respondent No.2 and the Court made the following: ORDER:
At request of learned Assistant Government Pleader for Panchayat Raj
representing respondents 1 to 3 to seek instructions, post the matter on 31-03-2021.
In the meanwhile, in view of the Judgment of the Hon'ble Apex Court rendered in Special Leave to Appeal (Civil) No.8519 of 2006, wherein the Hon'ble Supreme Court directed that the State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other
public utility places and in view of the G.O. issued thereafter in G.O.Ms.No.18,
Transport, Roads & Buildings (Roads-1) Department, dated 18-02-2013 that the Government should not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places, there shall be a direction to the respondents not to grant any such
permission for installation of the statue as alleged in the writ petition, till the next date
of hearing.
Sd/-M.RameshB | ASSISTANALRE ISTRAS IITRUE COPY!/ (-
SECTION OFFICER For, To
4. The Principal Secretary Panchayat Raj and Rural Development Department,
' State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District
The District Panchayat Officer,, Guntur District, Guntur,
The Mandal Parishad Development Officer, Savalyapuram, Guntur District, The Secretary, Karumanchi Gram Panchayat, Karumanchi, Savalyapuram.~ Mandal Guntur District. (1 to 5 by RPAD) i One CC to Sri Kambhampati Ramesh Babu Advocate [OPUC] ~
Two CCs to GP For Panchayat Raj, High Court Of Andhra Pradesh. [OUT]. Two CCs to GP For Revenue, High Court of Andhra Pradesh. [OUT] ._
One spare copy,
SONA TRWN
TVR
HIGH COURT
CMRJ
DATED:24/03/2021
ORDER
WP.No.23444 of 2020
POST ON 31.03.2021
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