THE ROTARY CLUB OF DARSI v. THE STATE OF ANDHRA PRADESH
WP/10438/2025 · 2025-04-22
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16063 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16063 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010209732025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO:10438/2025 Between: The Rotary Club of Darsi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. V SAI KUMAR Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following:
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HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.10438 of 2025 ORDER:
1. The present Writ Petition is filed questioning the action of the Respondent Nos.2 and 3 in making efforts to demolish the Clock Tower situated at Traffic Police Island of Darsi Nagara Panchayath, Prakasam District, which was constructed by the Petitioner after obtaining permission from the Respondent-Nagara Panchayath vide Letter No.632/D2/2000, dated 16.11.2000, as illegal and arbitrary. 2. Heard V. Sai Kumar, learned counsel for the Petitioner and the learned Standing Counsel for the Respondent No.2-Nagara Panchayath. 3. The learned counsel for the Petitioner contended that at this stage there is no reason to remove the Clock Tower which is being maintained by the Petitioner. The learned counsel for the Petitioner further contended that there are encroachments on either side of the road and further contended that if 100 feet road as proposed by the Respondent-Nagara Panchayath is being laid, there will not be any hindrance to the free flow of traffic nor would there be any requirement to demolish the Clock Tower. 4. The learned standing counsel for the Respondent No.2-Nagara Panchayath submitted that there is no proposal to demolish the clock tower immediately and he further submitted that there was a decision taken to move the clock tower to another place, so as ensure free flow of the general traffic. The standing counsel further submitted that 100 feet road is being
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proposed to maintain uniformity and to maintain uniformity it was suggested to move the clock tower from the existing location. The learned standing counsel also submitted that alternate site will be provided to the Petitioner to construct the clock tower. 5. Having heard the respective counsel, the Petitioner having constructed the clock tower on a public road, cannot claim to have any vested right seeking for injunction for moving the same to another location.
The road being public road, the Respondent-Nagara Panchayath is better placed to decide the same in the interest of the general public and this Court does not find any reason to injunct the Respondent authorities with the proposed action. Since, alternative location will be provided to the Petitioner for erection of clock tower, the Writ Petition is disposed of recording the same. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 22.04.2025 IS
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HON’BLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.10438 of 2025 Date: 22.04.2025
IS