Andhra Pradesh High Court - Amravati
G.O.Ms.No.18 vs Government Pleader For Municipal ... on 9 February, 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.3291 OF 2022
ORDER:-
This writ petition for a Mandamus is filed to declare the action
of 2nd respondent in placing the subject relating to granting
permission for erection of a statue of late Sri Konijeti Rosaiah garu in
the public place on the agenda for meeting in the Municipal Council,
as illegal and contrary to the direction given by the Honourable Apex
Court in I.A.No.10 of 2012 in S.L.P.(C).No.8519 of 2006 and
G.O.Ms.No.18, Transport, Roads & Buildings (Roads-1) Department,
dated 18.02.2013 and consequently sought direction to the
respondents not to grant permission for erection of the statue.
2. Heard learned counsel for the petitioner, learned Assistant
Government Pleader for Municipal Administration for 1st
respondent, Sri M.Manohar Reddy, learned Standing Counsel for
Municipality for respondents 2 and 4, learned Government Pleader
for Revenue for respondents 3 and 5 and learned Government
Pleader for Roads and Buildings for respondents 6 to 9.
3. The grievance of the writ petitioner is that the 10th
respondent has applied for permission to the Municipal
Commissioner to erect a statue of late Sri Konijeti Rosaiah in the
public place and the same is now placed on agenda for meeting in
the Municipal Council and it cannot be the item to be considered
in the Municipal Council in view of the Judgment of the
Honourable Apex Court in I.A.No.10 of 2012 in S.L.P.(C).No.8519 of
2006 and G.O.Ms.No.18, dated 18.02.2013 which prohibits erection
of statues in the public place. Therefore, the petitioner has
approached this Court by way of this writ petition seeking the
aforesaid relief.
4. Learned Standing Counsel for Kovvur Municipality
appearing for respondents 2 and 4 would submit that no
resolution was passed by the Council granting any such
permission for erection of statue and it is still under the
consideration of the Council to pass appropriate orders and the
Council would pass appropriate orders taking into consideration
the Judgment of the Honourable Apex Court in I.A.No.10 of 2012 in
S.L.P.(C).No.8519 of 2006 and G.O.Ms.No.18, dated 18.02.2013. So,
he would submit that the writ petition is pre-mature.
5. I find considerable force in the said contention of the learned
Standing Counsel for Municipality. No decision has been taken by
the Municipal Council and no resolution was passed granting any
permission to the 10th respondent to erect any such statue in the
public place contrary to the direction of the Honourable Apex Court
or G.O.Ms.No.18, dated 18.02.2013. The Municipal Council has to
still take a final decision on it. Therefore, it is undoubtedly a pre-
mature writ petition. Therefore, no declaration as sought for by the
petitioner can be granted in the facts and circumstances of the case.
However, as it is stated that the 10th respondent has already erected
a platform for erection of the statue in the public place without any
prior permission, this Court is of the considered view that a direction
is required to be given to the 4th respondent-Municipal Commissioner
of Kovvur Municipality to take appropriate steps to demolish the said
platform which was illegally constructed in the public place without
any prior permission.
6. Therefore, the Writ Petition is disposed of with a direction to
the 4th respondent-Municipal Commissioner, Kovvur Municipality
to immediately take necessary action for demolition of the said
platform which was erected by the 10th respondent in the public
place without any prior permission as required under law. In
case, any resolution is passed granting permission for erection of
any such statue in the public place, contrary to the direction of
the Honourable Apex Court and G.O.Ms.No.18, dated 18.02.2013,
the petitioner is at liberty to challenge the same according to law.
There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, in this
Writ Petition, shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 09-02-2022
ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.3291 OF 2022
Date : 09-02-2022
ARR
