Andhra Pradesh High Court - Amravati
Valireddy Annavaram vs The State Of Andhra Pradesh, on 29 December, 2023
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.32514 of 2023
Between:-
Valireddy Annavaram and another
.... Petitioners.
And
The State of Andhra Pradesh rep. by its
Principal Secretary, Panchayat Raj
Department and others
.... Respondents
Counsel for the Petitioners :Mr.Ram Babu Devarapu
Counsel for the Respondents:G.P. for Panchayat Raj
G.P. for Revenue
Mr. N. Srihari, Standing counsel
Mr.I.Rajesh for Respondents 13&14
ORDER:
This Writ Petition is filed aggrieved by the action of the respondents in not removing the statute of Dr.B.R.Ambedkar, installed in the midnight, by unknown persons in front of the petitioners‟ house bearing Door No.7-37, 7-35 of Badampudi village, as illegal, arbitrary and contrary to G.O.Ms.No.18, dated 18.02.2013, issued by the Government pursuant to the orders of the Hon‟ble Supreme Court of India in Union of 2 India v State of Gujarat and Others1 and for consequential direction to remove the same.
2) Learned counsel for the petitioners, inter alia, submits that the petitioners are absolute owners of the property mentioned above and infront of the petitioners‟ house there is a Panchayat Road and the 8th respondent Gram Panchayat had earmarked a portion of the land for petitioners‟ ingress and egress to their houses. He submits that on 28.11.2023 in the midnight, some unidentified persons without having any permission, erected the statue of Dr.B.R.Ambedkar in the pathway infront of the petitioners‟ house and it is causing obstruction to their ingress and egress to their house. He submits that as the said statute was installed without permission, the petitioners made representation to the District Collector-2nd respondent and as no action was taken thereon, the petitioners are constrained to approach this Court. He submits that after installation of the statue everyday during night hours some unknown persons are assembling near the statue and causing disturbance, apart from creating a sense of insecurity to the petitioners. While 1 2013 SCC OnLine SC 1472 3 referring to the orders of the Hon‟ble Supreme Court of India dated 18.01.2013, in Union of India case (1 supra), the orders of the Government in G.O.Ms.No.18, dated 18.02.20213, so also the orders of a learned Judge of this Court, dated 30.08.2022 in W.P.No.27036 of 2022, learned counsel seeks appropriate reliefs as prayed for. He had also drawn the attention of this Court to the photographs filed along with the Writ Petition.
3) Learned counsel appearing on behalf of the respondent Nos.13 and 14, while opposing the contentions advanced on behalf of the petitioners, made submissions, with reference to the averments made in the affidavit filed in support of the implead petition. Learned counsel, inter alia, argued that the land an extent of Ac.0-15 cents of Badampudi village is a „Gramakantam land‟ and the same is being used for community purposes of the unofficial respondents. He submits that the authorities intended to construct a community hall in Sy.No.107/5 in the said extent of Ac.0-15 cents, but left it as open space, which is being used by the S.C.Community for conducting meetings and functions. It is also submitted that the statute of Dr.B.R.Ambedkar was 4 erected by the S.C. Community people in the open space, but not in the road margin as alleged. While contending that the decision of the Hon‟ble Supreme Court of India and the G.O., on which reliance is placed are not applicable, the learned counsel submits that no permission is required to install the subject matter statute. Making said submissions, learned counsel seeks to dismiss the writ petition.
4) Learned Government Pleader for Revenue appeared on behalf of respondents 2 to 4 and placed a copy of written instructions dated 17.12.2023, received from the 4th respondent for perusal of this Court. As per the contents of the said instructions, it would appear that the subject matter statue was installed without obtaining prior permission of the 2nd respondent-District Collector. Further, a survey in respect of the land situated in R.S.No.107/5, 104, 103 was conducted on 03.12.2023 and 07.12.2023. It would appear that in the meanwhile the A.P. State Commission for Schedule Castes, Vijayawada, has directed the Revenue Divisional Officer-3rd respondent not to take steps / try to lift or demolish the subject matter statute and to submit an action taken report to the Commission.
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5) Be that as it may. In the instructions, inter alia, it is stated that R.S.No.103 measuring Ac.1-11 cents is classified as Bandi dari Poramboke, which is situated in East-South corner (Agneyam) side to the Gramakantam, Dr.B.R.Ambedkar statue is installed in R.S.No.103 unauthorisedly without any prior permission from the District committee with the District Collector. The material enclosed to the instructions would further go to show that the 3 rd respondent addressed a communication dated 08.12.2023 to the A.P. State Commissioner for Schedule Castes, with reference to the conduct of survey and the relevant aspects. However, it would appear that subsequently another survey was conducted pursuant to urgent survey notice dated 15.12.2023.
6) Referring to the subsequent survey conducted on 19.12.2023, the 4th respondent submitted further instructions dated 27.12.2023 to the learned Government Pleader for Revenue, the relevant portion of which reads as follows:
"It is submitted that the Mandal Surveyor, Unguturu has once again conducted Survey on 19-12-2023 in R.S.Nos. 107/5; R.S.No.104 and R.S.No.103 of Badampudi Village of Unguturu Mandal in the presence of the both parties, adjacent ryoths and the Village elders as directed after 6 observing all due course of process. On the Survey, it reveals the following:
"1) The R.S.No. 107/5 measuring an extent of Ac.15.00 Cts., of Badampudi Village is classified as Gramakantam (Village Site) and that previously some part of land utilized as "Public Lavatary (Bahirbhumi)", but it is not utilizing for the same purpose since some time till date and that at present an extent of Ac.0.18 Cts including Ac.0.001/2 Cts of unutilized Public Latrines site in the Gramakantam land.
2) The R.S.No.104 (R.S. Nos. 104/1 to 104/6) is classified as Inam-Dry-private agricultural land and certain persons were constructed houses in R.S.No.104/2 including the petitioners which is Southern side of the Gramakantam in which, clearly recorded in R.S.No.104/2 as "Kalidaripovunu" and confirmed that the existing houses including the petitioners are within the R.S.No. 104/2 only of Private land. Further, the compound walls of Sri Jagarapu Satyanarayana S/o Apparao and Sri Jagarapu Mutyalarao S/o Apparao slightly with 0.03Sq.
Yds and 17Sq. Yds respectively (i.e) are in the Gramakantam in R.S.No. 107/5.
3) The R.S.No.103 measuring Ac.1.11Cts is classified as Bandidari Poramboke whish is situated in the East-South corner (Agneyam) side to the Gramakantam, The B.R.Ambedkar Statue is installed in R.S.No.103 unauthorizedly without any prior permissions from the Dist. Committee with the District Collector. A Copy of Survey Report, dt. 19-12-2023 is herewith submitted for kind perusal.
It is submitted that thereafter, as a responsible Tahsildar, Unguturu concerned, conducted a consultative meeting on 22- 7 12-2023 in the O/o Tahsildar, Unguturu with the both parties in the case and the Revenue, Police and Panchayat Raj Department Officials duly following prescribed process. Further, negotiated with the both parties(i.e) the members of Badampudi Ambedkar Seva Society and the petitioners and the Village elders etc., and explained the details of Survey of the subject lands situations due to installed B.R.Ambedkar statue un authorizedly in R.S.No. 103 of the Bandidari Poramboke land without any prior permissions, which is situated opposite to the petitioners house and resulted to filing of W.P.No. 32514/2023 in the matter and consequently arose law and problems as sensitive issue in the Village in the circumstances explain the necessity to remove the B.R. Ambedkar Statue from the subject land and to install the same in the alternate place with all consents of the Villagers as agreeable to both parties in the interest of general public.
But, the members of Badampudi Ambedkar Seva Society rejected to remove the B.R. Ambedkar Statue from the subject land even though negotiated and provide an ample opportunity to them in this regard and that passed a resolution that the Gram Panchayat to take necessary further action to remove the unauthorized B.R Ambedkar Statue from the subject land with the assistance of Revenue and Police if necessary in the matter and a copy of the same is herewith submitted for kind perusal."
7) Thus, the above referred instructions coupled with the material on record, including the latest adangal report dated 18.12.2023 would go to show that Survey Number 103 of an extent of Ac.1-11 cents is Bandi dari (Cart track) and the subject matter statue of Dr.B.R.Ambedkar was installed in the 8 said land without obtaining permission from the 2nd respondent. The Hon‟ble Supreme Court of India, in the decision supra took a serious view of installation of any statute or construction of any structure in public roads, pavements, sideways and other public utility places.
8) In the light of the orders of the Hon‟ble Supreme Court of India, the Government has issued the G.O.No.18, dated 18.02.2013, the relevant portion of which reads as follows:--
"ORDER:
In the G.O., first read above, instructions have been issued that no new statues should be permitted for erection on any R&B roads. If Statues / Monuments are unavoidable on roads, they should be located only on large traffic islands, public gardens, parks, premises of Government buildings, town halls or places of public importance. In case any approval of Government is required, recommendation by a Statue Committee headed by the District Collector and comprising of Superintendent of Police, SE (R&B), Chairman / CEO, Local Municipal body, SE (PR), S.E. (AP Transco) and the concerned E.E. (R&B) is mandatory.
2. In the reference second read above, the Supreme Court of India, have passed the following orders:-
"We further direct that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. Obviously, this order 9 shall not apply to installation of high mast lights, street lights or construction relating to electrification, traffic toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities.
The above order shall also apply to all other States and Union Territories. The concerned Chief Secretary / Administrator shall ensure compliance of the above order."
3. In pursuance of the orders of the Hon'ble Supreme Court of India, Government hereby decide not to grant permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places.
4. All the State Level and District Level Officers mentioned in the address entry are requested to ensure strict compliance of the above orders of Hon'ble Supreme Court of India."
9) As noted earlier and as seen from the latest adangal, Survey No.103 is classified as Bandi dari (cart track) which is used by the public and public utility place. Therefore, in the considered opinion of this Court, the above said G.O. is applicable to the facts of the present case. Even as per the authorities concerned, the subject matter statue was erected without obtaining any permission. Considering the matter in the background of the factual and legal position, this Court is 10 of the considered view that though the erection of the statue of the Father of Indian Constitution, Dr.B.R.Ambedkar, is appreciable, however, it cannot be done in a manner not approved by the Law. Therefore, this Court is inclined to allow the Writ Petition.
10) Accordingly, this Writ Petition is allowed with a direction to the respondents 2 to 4 to take necessary steps for removal of the statue of Dr.B.R.Ambedkar from the subject matter area safely and handover the same to Dr.B.R.Ambedkar Seva Samithi, Badampudi village, within a period of two (02) weeks from the date of receipt of a copy of this order. The respondents 10 to 12 shall provide adequate police personnel to the revenue authorities in this regard and maintain the law and order. No order as to costs.
11) Consequently, the Miscellaneous Applications pending, if any, shall also stand closed.
_________________________ NINALA JAYASURYA, J.
Date:29.12.2023.
Ssv 11 IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI THE HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.32514 of 2023 Date:29.12.2023 ssv