Andhra Pradesh High Court - Amravati
T Naresh vs The State Of Andhra Pradesh, on 20 January, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI.
(SPECIAL ORIGINAL JURISDICTION) o° > >
FRIDAY, THE TWENTIETH DAY OF JANUARY. -
PWO THOUSAND AND TWENTY THREE
-PRESENT:
THE HONOURASBELE SRI JUSTICE D RAMESH
WRIT PETITION NO: 1249 OF 2025
Between:
1. T.Naresh, S/o Yaliaiah, Aged about 28 years, 8/o. D.No.2-98-4, Nehru.
Cantre, Dabbakupalli vi Hage, Vastavai Marrial, Krishna District.
2. Shaik Mohammad Nurulla, S/o Mowa Saheb, Aged about 32 years, R/o. Ware
Nea?, Near Water Tank, Dabbakupatl VYastavat Mandal, Krishna District
Shak Patel, S/o Hussain Miya, Agad about 35 years, R/o. Ward No.2,
Dabbakupall i Vilage, Vastaval Maridal, Kri Shing Distict.
4. Shaik Razak, Sfo Run Hussain, Aged about 3 5 years, Rio, O No.3-88,
Dabhakupall Vilage, Vastaval Mandal, tas shna District
tet
BAS Petitioners
"AND .
1. The State of Andhra Pradesh, Rep by its Principal Secretary, AP. Secretarial,
Panchayat Raj Department, Velagapudi, Amaravathi, Guntur District.
The District Collector, Krisima, Machiioatnam.
The Tahsildar, Vatsavai Mandal; Kashna District
The Mandal Parishad Deve elonment Officer, Vatsaval Mandal, Krishna District.
The Superintendent of Police, Machilipainam, Krishna District.
The Station House Officer, Vatsaval Folios Station, Krishna Cistrict.
The Dabbakuralll Gram PanchayatRen. ny ts Panchayat Secretary,
Dabbakupalll Vilage, Vatsaval Mandal, Krishna District.
8. K. China Nageswara Rao, S/o Ramu, Aged about 20 years, Sarpanch of
Dabbakupailll Panchayt, Dabbakupalli (V), Vatsaval Mandal, Krishna District.
a omaespondents
Nom ON
Petition under Articie 226 of the qonetitution of India praying that In the
chourstances stated in the affidavit Hed:therewith, the High Cound may be pleased
to issue a Writ, Order or direction mofe*particularly one in the nature of Writ of
Mandamus declaring the action, things and deeds of the Respondents in nat
removing the unauthorized construction 'af statue of Mary Matha and its Platform,
situated in Nehru Centre, Dabbakupall Vilage, Vaisaval Krishna District in
pursuance of the Urgent Memo in R.G.82197/2022 dated 62-01-2023 issued by 3rd
Respondent, which is Hlegal, irrequiar, arbitrary, un-constitutional and against to the
Apex Court Judgment as reported in SLP (C} No.8519/2006 Dated 18-01-2013 as
well ae G.O.Ms.No.78 dated 18-02-2073 and G.O.Ms.No.585 dated 08.04.21 13
issued by Transport, Roads and Building (Roads-1) Department and in violation of
Aricies 198, 24 and 300-A of Constifutian of India, consequently direct the
Respondents forthwith to remove the statue of Mary Matha and its Platform situated
in Nehru Centre, Dabbakupalll Vilage, Vaigavai, Krishna District.
Bee SSS SCE obs
SON SOA SME MBE UR ee oy
IA ROc 1 OF 2023:
Petition under Section 7
: fi led praying thal in the ciroumstancs
stated in the affidavit Med in suppo art: of the writ petition, the High Gourl may be
nleased fo direct the Respondents.
-t implement the Urgertt Memo in
RUGS. Tar 2022 dated 02-01-2025 issued. by 3° Respondent by not permitting the
7th Respondent to make any further corigtruction, pending dispasal of WP 1249 of
2023, or: te fle of the High Court.
ie
The pettion och i an for hearing, upon perusing the Petition and the
affidavit fled in support thereof and upon. hearing the arguments of Sri Narasimha
Rao Gudiseva, Aocata for the Pelt ioners and GP for Panchayat Raj for the
Respondent No.? and GP for Revenue for the Respondent Nos.2 & 3 and Sn
NSrihanl, Standing Counsel far the Respondant Ned & % and GP fer Home for the
Respondent Nos. & 8, the Court made ihe. following:
ORRER:
"Considering the submissions - made by learned counsel for the
petitioners and alse on perusal of the Urgent Nemo dated 02.04.2023, past the
matter on 24.04 2023 in the Motion List:
Meanwhile, the 3° 4" respondents. are directed to submit the report with
regard fo the implementation of the Urgent Memo dafed 02.01.2023.
Ragistry is directed fo print the 'name of the Government Pleader for
Revenue j in the cause fist."
SDL KA RAIA} BABU
ASSIST. ANT REGIST!
TRUE copy!
newne,
Ta,
Velagapud! ~ aravatt, Gun for Dis ae
2. The District Collector, Krisima, Machiipatnam.
3. The Tahsicer, Vatsaval Mandal Krishna Oistric ;
4. The Manda! Parishad DeveloprnentOficer, Vatsaval Mandal, Krishna Districi:
§ The Superintendent of Police, Mach Hipa ainam, Krishna District.
8. The Station House Officer, Vatsauar Police Station, Krishna District.
7. The Panchayat Secretary, Dabbakuss ail cram Panchayat, Dabbakupall
Village, Vatsaval Mandal, Krishna: District.
& &. China Nageswara Rao, S/o Re armas & Sal roanch of Dabbakupalll Panchayt,
Dabbakupall (), Vatsave i Mandal: Kr shine District. (Addresses Nos. 1 tu 8 by
RPAD} co ,
9. Gne CC to Sr. Narasimha Rao Gudis '
ave, Advacats [OPUC)
19. Two CCs to GP for Panchayat Raj, High n Gos iof Andhra Pradesh. (DUT) °
44. Two COs to GP for Revenue, High © sourLohAP (DUT) ur
a
~
12a. Two COs to GP for Horne, High Gourtof AP [QUT]
13. One CC fo Sri N.Grihad, StandingGounsel fOPUCT
14. To, Section Offices, Posting Section, High Court of AP"
18, One spare capy wp
MM
HIGH COURT
ORS
DATED: 20/01/2023
NOTE: POST THE MATTER ON 24.04.2023 IN THE MOTION LIST
ORDER
WP.No. 1249 of 2023 j
DIRECTION
