Andhra Pradesh High Court - Amravati
D A Sathya Prabha vs The State Of Ap on 7 August, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) FRIDAY , THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY -PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 2714 OF 2020 Between: D.A. Sathya Prabha, W/o. late D.K. Audikesavulu, Petitioner AND 4. The State of Andhra Pradesh , Represented by its Principal Secretary, Municipal Administration and Urban -Development Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector,, Chittoor District. 3, Chittoor Municipal Corporation, , Chittoor, Chittoor District, Represented by its Commissioner. _-- 4. The Chairman,, Chittoor Urban Development Authority, Chittoor, Chittoor District. Respondents
WHEREAS the Petitioner above named through her Advocate Ginjupalli Subba Rao presented this 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 an appropriate writ, order of direction more particularly one in the nature of writ of Mandamus by declaring the action of the respondents in not permitting the petitioner to install the statue of Sri N.T.Rama Rao in the Gandhi Circle of Chittoor despite obtaining necessary permissions from all the guthoyities as arbitrary, illegal and in violation of Article 14 of the Constitution of India AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Ginjupalli Subba Rao Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz:
4. The Principal Secretary, Municipal Administration and Urban -Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
me Dis Collector,, Chittoor District.
e Commissioner, Chittoor Municipal Corporation, , Chittoor Chittoor District The Chairman,, Chittoor Urban Development Authority, Chittoor, Chittoor District. PON are directed to show cause either a ing | ppearing in person or through an Advocat why in the circumstances set out in the petition and affidavit filed therewith 'copy enclosed) this WRIT PETITION should not be ad mitted which date the case stands posted for hearing on or before 18-09-2020 on 1A NO: 4 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased t se oO dire .
ct the respondents not to permit others to install any other statue on the pedestal esta constructed for installing the statue of Sri N.T.Rama Rao in the Gandhi Circ! f ircle o Chittoor, pending disposal of WP No. 2714 of 2020, on the file of the High Court The Court made the following: ORDER:
Issue Notice before admission to the respondents.
Learne ici d Government Pleader for Municipal Administration takes notice for the respondents and seeks time to get instructions.
Post on 18-09-2020.
The grievance of the petitioner is that the Municipal Corporation passed Resolutions for erecting the statues of "Mahatma Gandhi, Mahatma Jyothirao Phule and Sri N.T. Rama Rao. The petitioner first installed all the three statues, but the respondent Corporation removed NTR statue and they are trying to install/erect some other statues in the newly constructed fountain instead of installation of NTR statue by the 2"
respondent.
Sri K. Suresh Kumar Reddy, learned standing counsel takes notice for the respondent Corporation and seeks time to get instructions. Having regard to the facts and circumstances of the case and considering submissions of the learned of the counsel, this court prima facie satisfied that the petitioner has shown sufficient cause for grant of interim direction. Accordingly, there shall be interim direction to the respondents not to permit others to install any other statue on the pedestal constructed for installing the statue of Sri N.T. Rama Rao in Gandhi Circle of Chittoor. 4 SD/-K. TATA R « TATA RAO ASSISTANT REGISTRAR I[TRUE COPY! .
Sy) For assis tan' La IRAR To
1. The Principal Secretary, Municipal Administration and Urban -Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
2. The District Collector,, Chittoor District.
3. The Commissioner, Chittoor Municipal Corporation, , Chittoor, Chittoor District.
4. The Chairman,, Chittoor Urban Development Authority, Chittoor, Chittoor District.
(by RPAD- along with a copy of petition and affidavit) 5 One CC to Sri Ginjupalli Subba Rao, Advocate [OPUC]
6. oun to GP for Municipal Administration, High Court of Andhra Pradesh.
7. One spare copy TVR HIGH COURT MGRJ DATED:07/08/2020 NOTICE BEFORE ADMISSION WP.No.2714 of 2020 POST ON 18-09-2020