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2025 DAILYLAW 34256 (AP)

SHAIK GOUSE MOHIDDIN v. THE DISTRICT COLLECTOR

WP/28007/2024 · 2025-01-02

Tarlada Rajasekhar Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RA^.*. WRIT PETITION NO: 28007 OF 2024 Between: Shaik Gouse Mohiddin, S/o. Shaik Abdul Sattar, Aged 68 years, R/o.D.No.5- 14, Kothapeta Village and Mandal, Dr.B.R.Ambedkar Konaseema District. ...PETITIONER AND The District Collector, Amalapuram, Dr.B.R.Ambedkar Konaseema District. The Superintendent of Police, Amalapuram, Dr.B.R.Ambedkar- Konaseema District. The Revenue Divisional Officer, Amalapuram, Dr.B.R.Ambedkar Konaseema District. The Tahsildar, Kothapeta, Dr.B.R.Ambedkar Konaseema District. The District Panchayat Officer, Amalapuram,Dr.B.R.Ambedkar Konaseema District. The Panchayat Secretary, Kothapeta Village and Mandal, Dr.B.R.Ambedkar Konaseema District. 1. 2. 3. 4. 5. 6. ...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 or direction or order one more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not taking any steps to prevent the installation of statue of Dr.B.R.Ambedkar Ranga in front of the shops and house of the Petitioner bearing D.No. 5-14 of Kothapeta Village and Mandal, Dr.B.R.Ambedkar Konaseema District, as illegal, arbitrary, contrary to the G.O.Ms.No.18, Transport, Roads and Buildings department, Dated. 18-02-2013, ratio laid down by the Honble HiglVGourt in W.P.No. 28447 of 2008, dated. 01-06-2015, in violation of prd'^rsions of A.P. Panchayat Raj Act, Articles 21 and 300-A of Constitution of India and Consequently direct the respondents not to permit the villagers of Kothapeta Village to install statue of Dr.B.R.Ambedkar in front of the shops and house of the Petitioner in D.No. 5-14 of Kothapeta Village and Mandal, Dr.B.R.Ambedkar Konaseema District. lA NO: 1 OF 2024 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 to direct the respondents to prevent the installation of Dr.B.R.Ambedkar statue in front of the shops and house of the Petitioner bearing D.No. 5-14 of Kothapeta Village & Mandal, Dr.B.R.Ambedka r Konaseema District, pending disposal of the main Writ Petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI SIVA RAMA KRISHNA KOLLURU Counsel for the Respondent Nos.1, 3 & 4 : GP FOR REVENUE Counsel for the Respondent No.2 : GP FOR HOME Counsel for the Respondent No.5 ; GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.6 : SRI M. SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following: ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28007 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief; " to issue a Writ or direction or order one mbre particularly in the nature of Writ of Mandamus declaring the action of the respondents in not taking any steps to prevent the installation of statue of Dr.B.R.Ambedkar Ranga in front of the shops and house of the petitioner bearing D.No.5-14 of Kothapeta Village & Mandal, Dr. B.R.Ambedkar Konaseema District, as illegal, arbitrary, contrary to the G.O.Ms.No.18, Transport, Roads and Buildings Department, Dated 18.02.2013, ratio laid down by the Hon’ble High Court in W.P.No.28447 of 2008, dated 01.06.2015, in violation of provisions of A.P.Panchayat Raj Act. Articles 21 and 300A of Constitution of India and Consequently direct the respondents not to permit the villagers of Kothapeta Village to install statue of Dr.B.R. Ambedkar in front of the shops and house of the petitioner in D.No.5-14 of Kothapeta Village & Mandal, Dr. B.R.Ambedkar Konaseema District and pass such other orders " The present Writ Petition is filed aggrieved by the action of the respondents in not taking any steps to prevent the installation of statue of Dr. B.R.Ambedkar Ranga in front of the shops and house of the petitioner bearing D.No.5-14 of Kothapeta Village and Mandal, Dr.B.R.Ambedkar Konaseema District, as it is illegal, arbitrary and contrary to the G.O.Ms.No.18, Transport, Roads and Buildings Department dated 18.02.2013, and the ratio laid down by this Court in W.P.No.28447 of 2008 dated 01.06.2015. 2. 2 t Learned Assistant Government Pleader for Revenue furnished proceedings dated 02.12.2024 addressed by the Tahsildar, Kothapeta, to the Government Pleader for Revenue, High Court of Andhra Pradesh. On perusal of the said proceedings, it transpires that a field enquiry was conducted by the Panchayat Secretary of Kothapeta Grama Panchayat and there is no activity to establish statues in front of the petitioner’s house and there are no structures constructed in. the petitioner’s schedule property area and warned board is also established earlier in connection with O.S.No.152 of 2022 on the file of the Civil Judge’s Court, Kothapeta. 3. 4. As seen from the aforesaid proceedings of the Tahsildar, Kothapeta, there is no statue is going to be installed in front of the petitioner’s house bearing D.No.5-14 of Kothapeta village. 5. Hence, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto. Interlocutory Applications pending, if any shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. One CC to Sri Siva Rama Krishna Kolluru, Advocate [OPUC 2. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 4. Two CCs to GPfor Home, High Court of Andhra Pradesh. [OUT] 5. One CC to Sri M. Sudhir, SC for Gram Panchayat (OPUC) 6. Three C.D. Copies. Cnr HIGH COURT DATED:02/01/2025 ORDER Y<j I 2 3 JAN 2P25 1 Current Section . ^ WP.No.28007 of 2024 Co, CLOSING THE W.P. WITHOUT COSTS