Andhra Pradesh High Court - Amravati
Koduri Satyanarayana, vs The State Of Andhra Pradesh, on 30 July, 2020
Author: D. Ramesh
Bench: D. Ramesh
. \ hy IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE THIRTIETH DAY OF JULY, TWO THOUSAND AN :PRESENT: THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION No. 11281 of 2020 Between. 1. Koduri Satyanarayana,, S/o. Venkata Rao, Aged about 4Q years, Occ Agriculture, Ward Member, R/o. D.No.12-62, Sithanagaram Village, Jaggampeta Mandal, East Godavari District. 2. Kakarla Venkata Satyana Krishnaji,, 9/0. Rama Rao, Aged about 54 years, OccSelf Employment, R/o. D.No.12-209, Sithanagaram Village, Jaggampeta Mandal, East Godavari District. 3. Muthyala Veera Venkata Satyanarayana, S/o. Uvaraju, Aged about 40 years, Occ Agriculture, R/o. D.No.12-13, Sithanagaram Village, Jaggampeta Mandal, East Godavari District. AND ... Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi at Amaravathi, Guntur District. 2. The District Collector (Panchayat Raj Wing), East Godavari District At Kakinada, Fast Godavari District. 3. The District Panchayat Officer, East Godavari District At Kakinada, East Godavari District. The Revenue Divisional Officer, Peddapuram, East Godavari District The Mandal Parishad Officer-cum-Special Officer, Jaggampeta Mandal, East Godavari District. 6. Jaggampeta Gram Panchayat, Represented by its Panchayat Secretary, Jaggampeta, East Godavari District. wm db Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No-5 and 6 in proposing to demolish the statue and the shed of the farmer Chief Minister of Andhra Pradesh Sri Nandamuri Taraka Rama Rao situated at Sy.No.80/1 and 80/2 of Seethanagaram Village, Jaggampeta Gram Panchayat, East Godavari District which was erected and constructed by obtaining due resolution No.459, dated 43.07.2018 from the Jaggampeta Gram Panchayat despite availability of alternative lands at Sy.No.77 of Seethanagaam Village as nothing but illegal, arbitrary, high handed and violative of the rules contemplated under The Andhra Pradesh Panchayat Raj Act, 1994 apart from violative of Article 14 and 21 of The Constitution of India and consequently direct the Respondents not to remove the shed and the statue of the farmer Chief Minister of Andhra Pradesh Sri Nandamuri Taraka Rama Rao situated at Sy.No.80/ 1 and 80/2 of Seethanagaram Village, Jaggampeta Gram Panchayat, East Godavari District. \.A. No. 1 of 2020 :- Petition under Section 451 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to direct the Respondent Nos. 95 and 6 not to remove the shed and the statue of the farmer Chief Minister of Andhra Pradesh Sri Nandamuri Taraka Rama Rao situated at Sy.No.80/1 and 80/2 of Seethanagaram Village, Jaggampeta Gram Panchayat, East Godavari District, pending disposal of W.P.No. 11281 of 2020, on the file of the High Court. Contd..2.. 2 The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated 10-07- 2020 made herein and upon hearing the arguments of Sri A. Ki Kishore Reddy, Advocate for the petitioner and of the Govt. Pleader for Panchayat Raj and Rural Development on behalf of respondent Nos. 1, 3 and 6 and of the G.P. for Revenue on behalf of respondent Nos. 2, 4 and 5, the Court made the following ORDER :
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"This Court on 10.07.2020 passed interim direction, not to demolish the statute.
Learned Standing Counsel appearing for the respondents submitted that already the statute has been removed.
Learned standing counsel is directed to get clear written instructions to the fact that when they have removed/demolished the statue by 31.07.2020 or else, 2" respondent/the District Collector (Panchayat Raj Wing) and 34 respondent/the District Panchayt Officer, East Godavari shall present before the Court.
Post on 31-07-2020 in the motion list."
SD/- R. KARTHIKE YAN ASSISTANT REGISTRAR R a for ASSISTA STRAR //TRUE COPY// To
1.The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi at Amaravathi, Guntur District,
2.The District Collector (Panchayat Raj Wing), East Godavari District At Kakinada, East Godavari District.
3.The District Panchayat Officer, East Godavari District At Kakinada, East Godavari District.
4.The Revenue Divisional Officer, Peddapuram, East Godavari District
5. The Mandal Parishad Officer-cum-Special Officer, Jaggampeta Mandal, East Godavari District.
6.The Panchayat Secretary, Jaggampeta Gram Panchayat, Jaggampeta, East Godavari District.
7.Two CCs to the G.P. for Panchayat Raj, High Court of A.P., at Amaravati(OUT)
8.Two CCs to the G.P. for Revenue, High Court of A.P., at Amaravati(OUT)
9.One CC to Sri A.K. Kishore Reddy, Advocate(OPUC)
10.One spare copy.
TKK HIGH COURT DR.J DT.30-07-2020.
ORDER W.P.No. 11281 of 2090. DIRECTION on a, Ka OF AND Has, LC EMAL CEA OX WV oo € AN [= a We 30 JUL 26e ou ian