Andhra Pradesh High Court - Amravati
Gurindapalli Siddardha vs Union Of India on 10 October, 2023
[3332] (SHOW CAUSE NOTICE BEFORE ADMISSION). IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (SPECIAL ORIGINAL JURISDICTION) TUESDAY ,THE TENTH DAY OF OCTOBER - TWO THOUSAND AND TWENTY THREE ; :PRESENT: 7 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ~ 7 WRIT PETITION NO: 26562 OF 2023 Between: " Gurindapalli Siddardha, S/o Divenapalu, aged 40 years, Dist President of Jaibhim Access justice R/O 1-80/A, Harijjan.awada, Near Naiu Brahmana Colony, Cherukupalle Village, Cherukupalli Mandal, Bapatla District, Andhra Pradesh- 522309. Petitioner AND 1. Union of India, rep by Its Secretary Ministery of Road Transport and Highways, Sastry Bhavan, New Delhi. 2. The Project Director, National Highway Authority of India, Vanarnali buildings, opposite to kranthi bar, Beside Med Pius, Guru Nanak Colony, Vijayawada, Andhra Pradesh 520008. 3. The State of Andhra Pradesh, rep. by its Principle Secretary, Panchyath Raj and Rural Development Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh The District Collector, Bapatia District, Andhra Pradesh. The Revenue Divisional Officer, Repaille, Bapatla District, Andhra Pradesh. The Tahsildar, Cherukupalli Mandal, Bapatla District, A.P. The Cherukupaille Gram Panchyat, rep., by its Secretariat, Cherukupalli Mandal, Bapatla District, Andhra Pradesh District. MO OF Bb Respondents
WHEREAS the Petitioner above named through his Advocate Sri JADA SRAVAN KUMAR 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 a Writ Order of direction particularly, one in the nature of Writ of Mandamus aggrieved with the action of the respondents in making efforts for removing the 'Dr. B.R. Ambedkar Statue' from the Ambedkar Center, Cherukupalle Village, Cherukupalli Mandal, Bapatla District without considering the objections raised by the petitioner's representation Dated 29/09/2023 to the respondents as illegal, arbitrary and violation of principles of natural justice and also Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to remove the Dr. BR. Ambedkar Statue situated as Ambedkar Center Cherukupalle Village, Cherukupaili Mandal, Bapatla District except due process of law .
AND WHEREAS the High- Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri JADA SRAVAN KUMAR Advocate for the Petitioner and of Sri N HARINATH, Deputy Solicitor General of India for Respondent No.1, GP FOR NATIONAL HIGHWAY AUTHORITY OF INDIA for Respondent No.2, GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT for Respondent Nos.3, GP FOR REVENUE for Respondent Nos. 4 to 6, Sri G VENKAT. REDDY, Standing Counsel for Respondent No.7, directed issue of notice fo the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Secretary, Union of India, Ministery of Road Transport and Highways, Sastry Bhavan, New Delhi.
2. The Project Director, National Highway Authority of India, Vanamali buildings, opposite to kranthi bar, Beside Med Plus, Guru Nanak Colony, Vijayawada, Andhra Pradesh 520008. 7
3. The Principle Secretary,State of Andhra Pradesh, Panchyath Raj and Rural Development Department, AP Secretariat Office, Velagapudi, Amaravathi:
Guntur Dist, Andhra Pradesh The District Collector, Bapatla District, Andhra Pradesh. The Revenue Divisional Officer, Repalie, Bapatia District, Andhra Pradesh. The Tahsildar, Cherukupailll Mandal, Bapatila District, A-P. The Secretary, Cherukupaille Gram Panchyat, Cherukupalli Mandal, Bapatia District, Andhra Pradesh District.
NOs are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith(copy enclosed ) this WRIT PETITION should not be admitted on or before 12.10.2023, an which date the case stands posted for hearing.
IA NO: 1 OF 2023 -_ Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed in support of the petition, the High Court may be pleased ta direct the respondents not to remové the Dr. B.R. Ambedkar Statue' from the Ambedkar Center, Cherukupalle Village, Cherukupalli Mandal, Bapatla District without considering the objections raised by the petitioner's representation Dated 29/09/2023, pending disposal of WP No. 26562 of 2023, on the file of the High Court.
The Court made the following: ORDER "Notice before admission, Sri N.Harinath, learned Deputy Solicitor General of india, takes notice on behalf of respondent No. 14.
Sri M.Anand Kumar, learned Assistant Government Pleader for National Highway Authority of India, takes notice on behalf of respondent No.2. | Learned Assistant Government Pleader for Panchayat Raj & Rural Development takes notice on behalf of respondent No.3. Learned Assistant Government Pleader for Revenue takes notice on behalf of respondent Nos. 4 to 6.
Sri G.Venkata Reddy, learned Standing Counsel for ZPP, MPP & Gram Panchayat takes notice on behalf of respondent No.7, _ Learned counsel for respondents sought time to get instructions. At their request, post the matter on 12.10.2023, in the motion list. Till then, respondent authorities are directed not to remove the Statue of Dr.B.R.Ambedkar from the Ambedkar Center, Cherukupalle Village, Cherukupalli Mandal, Bapatla District." | Sd/- S, SRINIVASA PRASAD ASSISTANT REGISTRAR iY ' TRUE COPY/I an For SECTION OFFICER
1. The Secretary, Union of India, Ministery of Road Transport and Highways, Sastry Bhavan, New Delhi.
2. The Project Director, National Highway Authority of India, Vanamali buildings, opposite to kranthi bar, Beside Med Plus, Guru Nanak Colony, Vijayawada, Andhra Pradesh 520008.
* 3. The Principle Secretary,State of Andhra Pradesh, Panchyath Raj and Rural Development Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh . The District Collector, Bapatla District, Andhra Pradesh. The Revenue Divisional Officer, Repalle, Bapatia District, Andhra Pradesh. The Tahsildar, Cherukupalli Mandal, Bapatia District, A.P. The Secretary, Cherukupaille Gram Panchyat, Cherukupalli Mandal, Bapatla District, Andhra Pradesh District (Addressess 1 to 7 by SPEED POST- along with a copy of petition and memorandum of grounds)
8. One CC to SRI. JADA SRAVAN KUMAR Advocate fOPUC] ;
9. One CC to SRI. N HARINATH, Deputy Solicitor General of india [OPUC]
10.Two CCs to GP FOR NATIONAL HIGHWAYOF INDIA, High Court of A.P[OUT] .
11. Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT, High Court of A. P[OUT]
12.Two CCs to GP FOR REVENUE, High Court of A.P[OUT]
13.Qne CC to SRI. G VENKATA REDDY, Standing Counsel [OPUC]
14. One spare copy.
To, MNO OT psk HIGH COURT RCI DATED: 10/10/2023 POST ON 12.10.2023 IN MOTION LIST NOTICE BEFORE ADMISSION WP.No.26562 of 2023 DIRECTION