t APHC010478252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24273 OF 2025 Between; Verna chinna koteswara rao, S/o Bulliah, Aged 57 years, R/o Kunamanenivari Palem Village, Chimakurthy Mandal, Prakasam District. ...Petitioner AND The State Of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj Department, Secretariat Velagapudi, Amaravati, Guntur District. District Collector, Prakasam District at Ongole. District Panchayat Officer, Prakasam District at Ongole. Revenue Divisional Officer, Ongole Revenue Division, Prakasam District. Tahsildar, Chimakurthy Mandal, Prakasam District. Mandal Parishad Development Officer, Mandal Praja Parishad, Chimakurthy Mandal, Prakasam District. Kunamaneni vari Palem Gram Panchayat, Rep. by its Panchayat Secretary, Kunamaneni Vari Palem Village, Chimakurthy Mandal, Prakasam District. Parabathina Prabakar, S/o China Lakshmaiah, Aged about 35 years, R/o Kunamaneni Vari Palem Village, Chimakurthy Mandal, Prakasam District. 1. 2. 3. 4. 5. 6. 7. 8. ...Respondents 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 or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Roc.No.346/2025(PAN)A4 dated 04.07.2025 issued by the 3rd respondent to the 2nd respondent thereby giving no objection to allot an extent of Ac.0.043 cents in Sy. No. 115/3 situated at Kunamaneni Vari Palem Village, Chimakurthy Mandal, Prakasam District, for construction of Dr.B.R.Ambedkar Statue along with sitting area, pursuant to the representation of 8th respondent is illegal, irregular, irrational and offends Article 14 of Constitution of India and consequently direct the respondents not to allot any land to the 8th respondent for erection of statue by setting aside the proceedings dated 04.07.2025 issued by the 3rd respondent and pass. lA 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 to suspend the proceedings dated 04.07.2025 issued by the 3rd respondent, pending disposal of the main Writ Petition. Counsel for the Petitioner: Smt. PANGULURU RACHANA Counsel for the Respondents No.1 to 5: GP FOR PANCHAYAT RAJ RURAL DEV. Counsel for the Respondents No.6 & 7: SRI M SUDHEER, STANDING COUNSEL FOR PANCHAYATH RAJ The Court made the following Order: proceedings vide APHC010478252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] mi WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24273/2025 Between: 1.VEMA CHINNA KOTESWARA RAO, S/0 BULLIAH, AGED 57 YEARS, KUNAMANENIVARl PALEM VILLAGE, MANDAL, PRAKASAM DISTRICT. CHIMAKURTHY R/0 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT VELAGAPUDI,AMARAVATI,GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT AT ONGOLE. 4.REVENUE DIVISIONAL OFFICER, ONGOLE REVENUE DIVISION, PRAKASAM DISTRICT. 5.TAHSILDAR, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. 6.MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. 7.KUNAMANENI VARI PALEM GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, KUNAMANENI VARI PALEM VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. 8.PARABATHINA PRABAKAR, S/0 CHINA LAKSHMAIAH, ABOUT 35 YEARS, R/0 KUNAMANENI VARI PALEM VILLAGE AGED 1 2 CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings vide Roc.No.346/2025(PAN)A4 dated 04.07.2025 issued by the 3rd respondent to the 2nd respondent thereby giving no objection to allot an extent of Ac.0.043 cents in Sy. No. 115/3 situated at Kunamaneni Vari Palem Village, Chimakurthy Mandal, Prakasam District, for construction of Dr.B.R.Ambedkar Statue along with sitting area, pursuant to the representation of 8th respondent is illegal, irregular, irrational and offends Article 14 of Constitution of India and consequently direct the respondents not to allot any land to the 8th respondent for erection of statue by setting aside the proceedings dated 04.07.2025 issued by the 3rd respondent and pass lA 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 pleased to suspend the proceedings dated 04.07.2025 issued by the 3rd respondent, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.PANGULURU RACHANA 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: 24273/2025 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 proceedings vide Roc.No.346/2025(PAN)A4 dated 04.07.2025 issued by the 3^^ respondent to the 2 respondent thereby giving no objection to allot an extent of Ac.0.043 cents in Sy.No.115/3 situated at Kunamaneni Vari Palem Village, Chimakurthy Mandal, Prakasam District, for construction of Dr.B.R.Ambedkar Statue along with sitting area, pursuant to the representation of respondent is illegal, irregular, irrational and offends Article 14 of Constitution of India and consequently direct the respondents not to allot any land to the respondent for erection of statue by setting aside the proceedings dated 04.07.2025 issued by the 3''^ respondent and pass such other order. ” 2. Heard learned counsel for the petitioner, learned nd Government Pleader for respondent Nos.1 to 5 and the learned Standing Counsel for respondent Nos.6 and 7. 3. Learned counsel for the petitioner submits that respondent Nos.2 to 4 and 7 are proceeding for establishment of statute under the name and style of Dr.B.R.Ambedkar in the land admeasuring to th an extent of Ac.0.043 cents in Sy.No.115/3 at the 7 respondent/Gram Panchayat without adhering to the terms of G.O.Ms.No.18 dated 18.02.2013. He further submits that without adhering to the G.O.Ms.No.l 8, the respondents cannot proceed for 4 erection of subject statute. The impugned proceedings dated 04.07.2025 do not contain any such permission or observation of terms of G.O.Ms.No.lS, as such the respondents cannot be proceeded without valid permissions in their favour. Hence, the present Writ Petition. 4. Learned counsel for the petitioner also relied upon the order dated 02.08.2023 passed by this Court in W.P (PIL).No.27 of 2022. The relevant portion of the said order is extracted hereunder: “However, subsequently as a sequel to the aforementioned direction by the Hon’ble Supreme Court by virtue of order dated 18.01.2013, the Government of Andhra Pradesh issued G.O.Ms.No.lS, Transport, Roads & Buildings (Roads-1) Department, dated 18.02.2013, which envisages as under: “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. }}f} 5. On the other hand, learned Standing Counsel for respondent Nos.6 and 7 and the learned Government Pleader for respondent Nos.1 to 5 submits that the impugned proceedings issued by the respondents addressing to the 2^"' respondent is only requesting for allotment of land for the proposed erection of 5 statute of Dr.B.R.Ambedkar and also sitting area for senior citizens. So far the respondents are not taking any steps for erection of statue, they only sought for allotment of land for erection of statute. He further submits that being a public authority, the respondents shall observe the terms of G.O.Ms.No.18 for erection of statute, as canvassed by the petitioner. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record as well as the impugned proceedings issued by the 3'^'^ respondent, it appears that respondent No.3 addressed a letter to the 2'"'^ respondent pursuant to the request of respondent No.8. In the said letter respondent No.3 requested respondent No.2 for allotment of subject land as mentioned above for erection of statute and for providing sitting area for the senior citizens of the village. On perusal of the proceedings dated 04.07.2025, it indicates that the allotment of land as well as erection of statute is in the process of proposal, so far neither allotted the land nor finalize the erection of statute. However, it is the duty of the public authority that for erection of any statute they shall observe the terms of G.O.Ms.No.18 dated 18.02.2013. Therefore, the respondents are at liberty to proceed further by following due procedure as contemplated under G.O.Ms.No,18 dated 18.02.2013. 7. Accordingly, 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. SD/-K SRINIVASA RAJU assistant registrar /4ect^officer //TRUE COPY// To, 1. The Principal Secretary to Government, Panchayat Raj Department, Secretariat Velagapudi,Amaravati,Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The District Panchayat Officer, Prakasam District at Ongole. 4. The Revenue Divisional Officer, Ongole Revenue Division, Prakasam District. 5. The Tahsildar, Chimakurthy Mandal, Prakasam District. 6. The Mandal Parishad Development Officer, Mandal Praja Parishad, Chimakurthy Mandal, Prakasam District. 7. The Panchayat Secretary, Kunamaneni vari Palem Gram Panchayat, Kunamaneni Vari Palem Village, Chimakurthy Mandal, Prakasam District. 8. One CC to Smt. PANGULURU RACHANA, Advocate [OPUC] 9. Two CCs to GP for PANCHAYAT RAJ RURAL DEV., High Court of Andhra Pradesh [OUT] 10. Two CD Copies vna -•■N HIGH COURT DATED:10/09/2025 ORDER WP NO. 24273 OF 2025 'ofANoT^^% 16 SEP 2n?5 m .1: h Current Seciion ^ - CespATC'^'^’^ ★ DISPOSING OF THE WRIT PETITION WITHOUT COSTS