Citation : 2023 Latest Caselaw 4891 AP
Judgement Date : 11 October, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY , THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE oo :PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR or AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO ~ ~_e WRIT PETITION(PUBLIC INTEREST LITIGATION) NO: 128 OF 2023 Between: Y Rama Krishna, S/o Narasimha Rao, aged about 49 years, President, Nandigama Chamber of Commerce and Industry, R/o Vasavi Market, Nandigama, Krishna District. Andhra Bank A/c.No.216710100047831, Aadhar No.200523564300, Mobile No.9848539558, Mail [email protected]. Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Transport Roads and Buildings, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Head the District Statue Committee, NTR District, Vijayawada. 3. Nandigama Nagara Panchayat, Rep by its Commissioner, Nandigama, NTR District. 4, Chairperson, Nandigama Nagara Panchayat, Nandigama, NTR District. 5. The Commissioner of AP Vaidya Vidhan Parishad, Gollapudi, Viilayawada, NTR District. 6. Assistant Executive Engineer (R & B), Roads & Buildings, Nandigama, NTR District. ¢. Sri Dr. Mondithoka Jaganmohan Rao, S/o Krishna, aged about 52 years, Hon'ble Member of Legislative Assembly (MLA), Nandigama town, NTR District. 8. Mondithoka Arun Kumar, S/o Krishna, aged about 48 years, Hon'ble Member of Legislative Counsel (MLC), Nandigama town, NTR District Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declaring the to issue a writ, order or direction more particularly one in the Writ of Mandamus declaring the action of the respondents in seeking to install the statues of leaders Sri.Dr.B.R.Ambedkar, Sri Bhagath Singh, other leaders Sri. A.P.J.Abdul Kalam, Sri. Rajeev Gandhi, Telugu Poet Sri. Gurram Jhashuva, Sri Devineni Venkataramana and Tangirala Prabhakar Rao, Sri.Jyothirao Pule, Sri.Babu Jagajivanram, Smtindira Gandhi, Sri.Potti Sriramulu, Sri.N.T.Rama Rao on the platform raised within the government hospital site/oremises an its western side as va the same is contrary to the judgment of the Hon'ble Supreme court laid down in special leave appeal (civil} No.8519/2006 and consequential G.O.Ms.No.18 Dt.718- 02-2013 read with G.O.Ms.No.55 Dt.08-04-2003 of the ist respondent and also the judgement dated 02-08-2023 of the Han'ble High Court of Andhra Pradesh in WP(PIL) No. 27 of 2022 as the same is arbitrary, illegal and against the faw and consequently direct the respondents not to instal! any statues in the Government Hospital site/premises of Nandigama town, NTR District. IA NO: 1 OF 2023: Petition under Section 151 of CPC is filed 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 install any statues in the Government Hospital site/premises of Nandigama town, NTR District, Pending disposal of WP(PIL) 128 of 2023, 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 the order of the High Court dated 27.09.2023 upon hearing the arguments of SRILP. PRABHAKAR RAO Advocate for the Petitioner and of GP for Roads & Buildings for the Respondent Nos.1 & 6 and of GP for Revenue for the Respondent No.2, Sri.M.Manohar Reddy, Standing Counsel for Respondent Nos.3 & 4 and of GP for Medical & Science far the Respondent No.5, the Court made the following ORDER:
"The District Collector, NTR District to file an affidavit as to whether despite the cancellation of the permission vide its communication dated 10.12.2023, there has been any statue installed within the premises of the Government Hospital at Nandigama. .
List on 22.11.2023."
SD/-U.SRI DEVI ASSISTANT REGISTRAR HTRUE COPY! aw SECTION OFFICER To,
1. The Principal Secretary, Transport Roads and Buildings, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Head the District Statue Committee, NTR District, Vijayawada.(by SPEED POST)(By Special Messenger)
3. One CC to SRLP.PRABHAKAR RAO Advocate fOPUC]
4. Two CCs to GP FOR ROADS & BUILDINGS, High Court of Andhra Pradesh. [OUT] S. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]
8. Two CCs to GP FOR MEDICAL & SCIENCE, High Court of Andhra Pradesh. {OUT}
7. One CC to SRILM Manohar Reddy, Standing Counsel, fOPUC]
8. Two spare copies
HIGH COURT
DATED:1 1/10/2023
LIST ON 22.11.2023
ORDER
WP(PIL).No.128 of 2023
DIRECTION
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