Lal Baig Moghal vs The Government Of Andhra Pradesh, ...
2021 Latest Caselaw 4227 AP

               HON'BLE SRI JUSTICE NINALA JAYASURYA

                      WRIT PETITION No. 11759 of 2010

JUDGMENT: (Heard and pronounced through Blue Jeans App (Virtual)
          mode, since this mode is adopted on account of prevalence of
          COVID-19 pandemic)

      Heard Mr. J. Krishna Praneeth, learned counsel, representing Mr. C.V.R.

Rudra Prasad, learned counsel for the petitioners, and Mr. K. Narsi Reddy, learned

Government Pleader for Transport, Roads & Buildings representing respondent

Nos.1 and 2.

2. The writ petition is filed aggrieved by the action of the respondents in not

preventing the construction of platform and erection of statues of political leaders

near Anjaneya Vilas Hotel on the main road known as Narasaraopet Road at

Vinukonda Town, Guntur District, despite objections raised by the local people, as

arbitrary, illegal as also violative of the procedure contemplated under

G.O.Ms.No.55, Transport, Roads & Buildings (R.I) Department, dated 08.04.2003,

and for a consequential direction to the respondents not to permit the construction

of platform and erection/installation of statues of any leaders in the middle of the

road in Vinukonda Town.

3. At the time of admitting the writ petition, by an order dated 20.05.2010,

a direction was issued to the effect that any installation of statues shall be in

accordance with the Guidelines contemplated in G.O.Ms.No.55 dated 08.04.2003.

4. A counter-affidavit was filed by respondent No.3 wherein at Para No.11, it is

stated as follows:

"11. It is submitted that in fact apprehending that the statue will be erected opposite to their business activities, the present writ petition is filed by the petitioners. In fact, the statue was proposed to be erected opposite to the business activities of the petitioners and subsequently taking into consideration their representations, the statue was erected 124 feet away from the business activities of the petitioners i.e., at 204- 600 km in accordance with law, by duly following the Government orders in vogue, to which the petitioners have also not raised any objection. Hence, the writ petition is filed merely on apprehensions and presently there is no subsisting cause."

5. In view of the specific averments made in the counter-affidavit that the

respondents had followed the Government Orders in vogue, and further that the

petitioners had also not raised any objection, this Court deems it appropriate to

close the writ petition.

6. Accordingly, the Writ Petition is closed. No order as to costs.

7. Consequently, miscellaneous petitions, if any, pending shall stand disposed

of.

_______________________ NINALA JAYASURYA, J 23rd October, 2021 cbs

HON'BLE SRI JUSTICE NINALA JAYASURYA

Writ Petition No. 11759 of 2010

23rd October, 2021

cbs