Andhra Pradesh High Court - Amravati
G Sitha Rama Raju vs The State Of Andhra Pradesh, on 21 April, 2022
Author: R.Raghunandan Rao
Bench: R.Raghunandan Rao
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.28787 of 2022
ORDER:-
The petitioner is owner of an extent of Ac.0.02 cents of land in Rs.No.256/7A of Kommuchikkala Village, Poduru Mandal, West Godavari District. This plot of land is adjoining the R&B road in R.S.No.256/7B. The Dr.B.R.Ambedkar Sangham of Kommuchikkala Village, Poduru Mandal had installed the Ambedkar flexes and a statue of Dr.B.R. Ambedkar on the eastern side of the property of the petitioner in such a manner that the access to the road had been totally cut off. Aggrieved by the said installation the petitioner had approached the 4th respondent for moving the statue and removing the flexes. The 4th respondent issued an endorsement on 06.07.2021 that necessary action would be taken after issuing notices to persons who installed the said statue and flexes. Thereafter, notices were issued on 09.08.2021 to the Yuvajana Sangham for removal of the same. The Yuvajana Sangham in turn submitted an explanation that it had no objection to remove the flexi and statue if the same is objectionable to the petitioner.
2. As there was no further movement in this issue subsequent to the reply of the Yuvajana Sangham, the petitioner has approached this Court by way of the present writ petition for a direction to the respondents to take appropriate and necessary action.
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3. The 6th respondent had filed counter affidavit, while the 3rd respondent has filed a report. In the report filed by the 3rd respondent, it is stated that statue of the Dr. B.R.Ambedkar was removed on 01.10.2021 and the same was kept with the Gram Panchayat office of Kommuchikkala. As there was some agitation in the village due to this movement, the statue was again brought back to the same location. The 6th respondent states that the flexes and statue had been installed without appropriate permission being obtained.
4. In view of the above submissions, there is a prima facie case to show that appropriate permissions have not been obtained by Yuvajana Sangham for erecting the statue in front of the property of the petitioner. Further, the photographs produced by the petitioner would also show that the statue is placed in such a manner that access of the petitioner to the road is totally cut off and the petitioner does not have any manner ingress and egress of his property.
5. In view of these facts and in view of the fact that the statue has been installed without obtaining proper approvals it is necessary for the 3rd, 5th & 6th respondents to take necessary steps to move the said statue from that location. However, the said statue would have to be given a proper place. That shall be determined by the Gram Panchayat subsequently.
6. Accordingly, this writ petition is disposed of with the following directions:-
1) The 6th respondent shall issue a notice to Dr. B.R. Ambedkar Yuvajana Sangham to show if there is any 3 permission obtained by the said Yuvajana Sangham to install the statue at the present location. For this purpose, the 6th respondent shall give a notice of two weeks to the said Sangham.
2) In event of the said Sangham not responding or not being able to show any permission for the installation of the statue in the road margins, the said statue shall be removed from the said location and kept in the office of the Gram Panchayat.
3) The 5th respondent-Gram Panchayat, after receiving the said statue, shall pass necessary resolution to ensure that a proper place is made available for the installation of the said statue and necessary action will be taken in this regard.
There shall be no order as to costs.
Miscellaneous petitions, pending if any, in this Writ Petition shall stand closed.
___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 21-04-2022 BSM 4 THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION No.28787 of 2022 Date : 21-04-2022 BSM