APHC010211052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11269/2025 Between: 1. BUDDIGA JANARDHANA, S/O. KONDAYYA, AGED 49 YRS, D.NO. 3- 150, PUNYAKSHETRAM VILLAGE, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT. 2. VEERAMALLA LAKSHMANA KUMAR,, S/O. VEERA.VENKAT RAO, AGED 38 YRS, R/O. 3-222, PUNYAKSHETRAM VILLAGE, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, AT RAJARNAHENDRAVARAM. 3. REVENUE DIVISIONAL OFFICER, EAST GODAVARI DISTRICT, AT RAJARNAHENDRAVARAM. 4. TAHSILDAR, RAJANAGARAM MANDAL, RAJANAGARAM, EAST GODAVARI DISTRICT. 5. SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, AT RAJAMAHENDRAVARAM. 6. STATION HOUSE OFFICER, RAJANAGARAM MANDAL, 2 RAJANAGARAM, EAST GODAVARI DISTRICT. 7. MANDAL PARISHAT DEVELOPMENT OFFICER, RAJANAGARAM MANDAL, RAJANAGARAM, EAST GODAVARI DISTRICT. 8. GRAM PANCHAYAT, PUNYASKETHRAM VILLAGE RAJANAGARAM MANDAL EAST GODAVARI DISTRICT REP BY ITS SECRETARY. ...RESPONDENT(S): 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 tomay be pleased to issue an appropriate order, writ or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents 2 to 8 in not considering the representation of the petitioners not to allow any constructions including erection of statues on road and road margin of Cement road connecting to Sampathnagaram Rand B road near to Gouda Sangam Community Hall in Sy. No. 184 and 185 of Punyakshetra Village, Rajanagaram mandal, East Godavari District is illegal, arbitrary, contrary to the specific orders of the Apex Court in Civil Appeal No 8519 of 2006 dt 18-01-2013 and also the Government orders, contrary to law and against to the principles of natural justice ,consequently direct the respondents to take appropriate action to remove the illegal constructions at said site and not to allow any pakka constructions including erection of any idol in the said public place and pass such IA NO: 1 OF 2025 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 may be pleased to direct the respondents not to allow any constructions including erection of statues on road and road margin of Cement road connecting to Sampathnagaram Rand B road near to Gouda Sangarn Community Hall in Sy. No. 184 and 185 of Punyakshetra Village, Rajanagaram mandal, East Godavari District by removing the fiaxy to enable to have free access of the said road and pass such Counsel for the Petitioner(S): 1. T V S PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11269/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.2 to 8 in not considering the representation of the petitioners not to allow any constructions including erection of statues on road and road margin of Cement road connecting to Sampathnagaram R and B road near to Gouda Sangam Community Hall in Sy.No.184 and 185 of Punyakshetra Village, Rajanagaram Mandal, East Godavari District is illegal, arbitrary, contrary to the specific orders of the Apex Court in Civil Appeal No.8519 of 2006 dated 18-01-2013 and also the Government orders, contrary to law and against to the principles of natural justice, consequently direct the respondents to take appropriate action to remove the illegal constructions at said site and not to allow any pakka constructions including erection of any idol in the said public place and pass such other order.” 2. Heard the learned counsel for the petitioners, the learned Standing Counsel for respondent No.8 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioners submits that the petitioners are residents of Punyakshetram Village, Rajanagaram Mandal, East Godavari District. The petitioners got constructed a 4 community hall in Survey No.185 abutting to CC road passing to the village road. While so, respondent Nos.7 and 8 are trying to erect the statute abutting to the community hall road margin without having any valid permission or approval and contrary to the G.O.Ms.No.18 dated 18.02.2013 as well as the judgment of the Hon’ble Apex Court in Civil Appeal No.8519 of 2006 dated 18.01.2013. For which, the petitioner submitted representations dated 10.04.2025 and 19.04.2025. Even after receipt of the representations, the respondents neither considered the same nor passed any orders. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for the 8th respondent furnished written instructions dated 15.04.2025, wherein it is stated that the proposed action of erection of the statue by one of the village groups is without any permission or approval. Further the petitioners are opposing for erection of the statute on the ground that such erection is not permitted by the concerned authority. It is further stated that the 8th respondent has already addressed a letter to the Tahsildar as well as Village Revenue Officer for conducting survey and demarcation of the community hall and the proposed site where the one of the village groups proposed to erect the statute and the same is pending for consideration. 5. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, it 5 is an admitted fact that there is no valid permission or approval for erection of any statute at the subject place. It is settled law, without there being any valid permission from the competent authority as contemplated under G.O.Ms.No.18 dated 18.02.2013, neither any person nor any institution can erect any statute either in the religious communities place or road margin or any public place. Therefore, this Court deems it appropriate to dispose of the Writ Petition directing respondent Nos.5 to 8 not to allow/permit any erection of statute without therebeing any valid permission or approval from the District Level Committee as contemplated under G.O.Ms.No.18 dated 18.02.2013 and also judgment of the Hon’ble Apex Court in Civil Appeal No.8519 of 2006. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 2288..0077..22002255 TTPPSS 6 267 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11269 of 2025 2288..0077..22002255 TTPPSS