Andhra Pradesh High Court - Amravati
Edala Veerraju, vs The State Of Andhra Pradesh on 16 November, 2022
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.6803 OF 2016
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India for the following relief:
"To issue a writ, order or direction especially
in the nature of Writ of Mandamus or any other
appropriate writ, directing the officials respondents
in not initiating any action qua the installation of
statue of Dr. B.R. Ambedkar on the road margin of
R&B road, leading to Mandapeta from Alamuru
near Bus stand of Gummileru Village, Alamuru
Mandal, East Godavari against the un official
respondents and others, is illegal, arbitrary,
contrary to the G.O.MS.No. 55, Transport, Roads
and Buildings (R.1), Department, dt.8- 4-2003 and
Art 21 of the Constitution of India and
consequently direct the respondents not to permit
erection/installation of statue of Dr. B. R.
Ambebkar or any other statue on the road margin
of R&B road, near the Bus stand of Gummileru
Village, Alamuru Mandal, East Godavari District
and pass such other order or orders as are deemed
fit and proper."
2. The contention of the petitioners herein is that the
subject statue was erected without obtaining any permission
from the concerned authorities and contrary to the orders of the
Hon'ble Apex Court in Special Leave to Appeal (C) No(s) 8519 of
2006 dated 18.01.2013 passed in I.A.No.10 of 2012, and basing
on the said order of the Hon'ble Apex Court, the Government has
issued G.O.Ms.No.18, Transport, Roads & Buildings (Roads-1)
Department, dated 18.02.2013, and decided not to grant
permission for installation of any statue or construction or any
structure on public roads, pavements, sideways and any other
public utility places and it is directed all the State Level and
District Level Officers mentioned therein to ensure strict
compliance of the order of the Hon'ble Apex Court.
3. This Court has issued notices to the respondents and
Sri P.V.S.A.Rama Murthy, learned counsel, appeared on behalf
of respondent Nos.7 to 11 and he would submit that the
installation of the subject statue was not on the road margin, as
directed by the Hon'ble Apex Court or as mentioned in
G.O.Ms.No.18 dated 18.02.2003 and some other statues are
there in the same place and that he will file an application to the
2nd respondent-District Collector seeking permission basing
upon the G.O.Ms.No.18 dated 18.02.2003 and the same may be
considered by the 2nd respondent-District Collector in
accordance with law and till such time, prayed to protect the
interest.
4. Learned counsel for the respondents 1 to 6, denying
the contentions made by the respondents 7 to 11, would submit
that without obtaining any permission, any statue cannot be
installed on public roads or road margins or pavements, even
assuming that it is not a road margin and still it is a public place
and prayed to direct the respondents 7 to 11 to remove the
statue.
5. In view of the contentions of the learned counsel for
both sides, this Court is inclined to direct the respondents 7 to
11 to make an application to the 2nd respondent-District
Collector within a period of one week from the date of receipt of a
copy of this order and, on receiving such an application from the
respondents 7 to 11, the 2nd respondent-District Collector shall
pass appropriate orders, in view of the judgment of the Hon'ble
Apex Court referred to supra and the G.O.Ms.No.18 dated
18.02.2003, by giving notices to the petitioners herein and an
opportunity of hearing to the petitioners as well as the
respondents 7 to 11, within a period of eight (8) weeks from the
date of such application. Till such time, status quo shall be
maintained by both the parties with regard to the subject statue.
6. With the above directions, this Writ Petition is
disposed of. There shall be no order as to costs of the Writ
Petition.
As a sequel, interlocutory applications pending, if any, in
this Writ Petition shall stand closed.
________________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date: 16.11.2022
siva
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.6803 OF 2016
Date: 16.11.2022
siva
