APHC010556302022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33938/2022 Between: 1. KOTHAPALLI MANIKYAM, W/O.LATE K.VEERAJU, AGED ABOUT 75 YEARS, OCC. HOUSE -WIFE, 2. SRI KOTHPALLI SURYANARAYANA, S/O.LATE K.VEERAJU, AGED ABOUT 58 YEARS, OCC.FARMER, 3. SRI KOTHPALLI SURYANARAYANA, S/O.LATE K.VEERAJU, AGED ABOUT 54 YEARS, OCC.FARMER, 4. SRI KOTHPALLI CHANDRARAO, S/O.LATE K. VEERAJU, AGED ABOUT 49 YEARS, OCC.FARMER, 5. SRI KOTHPALLI VENKATA RAMANA, S/O.LATE K.VEERAJTT, AGED ABOUT 40 YEARS, OCC.FARMER, 6. SRI KOTHPALLI RAMAKRISHNA, S/O.LATE K.VEERAJU, AGED ABOUT 38 YEARS, OCC.FARMER (ALL RESIDENT OF H.NO.8-155/1, MAHALAKSHMI TEMPLE STREET, KADIYAPULANKA, KIDIYAM MANDAL, RAJAMAHENDRAVARAM DISTRICT, ANDHRA PRADESH). ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, AMARAVATHI, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, RAJ AMAHENDRAVARAM EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE SUPERINTENDING ENGINEER, ROADS AND BUILDING DEPARTMENT, (R AND B) EAST GODAVARI DISTRICT, ANDHRA PRADESH.. 5. THE SUPERINTENDENT OF POLICE URBAN, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 6. THE STATION HOUSE OFFICER, KADIYAM- POLICE STATION, KADIYAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 7. THE TAHSILDAR/MANDAL REVENUE OFFICER, KADIYAM MANDAL, EAST GODAVARI DISTRICT. 8. THE CHIEF ENGINEER ROADSAND BUILDINGS RANDB, AP STATE HOD BUILDING BANDAR ROAD, KRISHNA DISTRICT, ANDHRA PRADESH. 2 9. THE KADIYAPULANKA GRAM PANCHAYAT, REP. BY ITS SECRETARY, HIGH SCHOOL ROAD, KADIYAM, EAST GODAVARI DISTRICT. CT IS AMENDED AS PER THE ORDER OF THIS COURT DT 05/12/2022 VIDE ORDER PASSED IN IA 02/2022 ...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 to issue an appropriate Writ. Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in removing the illegally erected statue of Dr. Babashaheb Ambedkar in petitioner's agricultural land at Sy.No.369-6A, of Kadiyapulanka Village, Kadiyam Mandal, East Godavari District nor allowing petitioners to remove the same and further inaction of the Respondent No.5 to 8 authorities in acting upon the proceedings vide Comp.332144 dated 14.10.2020 of the 3rd Respondent, as illegal, arbitrary, discriminative and contrary to the principles of natural justice, violative of Fundamental Rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to remove the statue of Dr. Babashaheb Ambedkar in petitioner's agricultural land at Sy.No.369-6A, of Kadiyapulanka Village, Kadiyam Mandal, East Godavari District and pass IA NO: 1 OF 2022 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 direct the Respondents to remove statue of "Dr. Babashaheb Ambedkar" in petitioner's agricultural land at Sy.No.369-6A, of Kadiyapulanka Village, Kadiyam Mandal, East Godavari District by acting upon the proceedings vide Comp:332144 dated 14.10.2020 of the 3' Respondent and pass IA NO: 2 OF 2022 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 permit the petitioners to amend the name of 9th Respondent from Kadiyam Gram Panchayat to The Kadiyapulanka Gram Panchayat in the interest of the justice and pass Counsel for the Petitioner(S): 1. SRINIVAS BASAVA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR HOME 3. GP FOR REVENUE 4. N SRIHARI (Standing Counsel for MPP ZPP and GRAM PANCHAYAT) 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India is filed by the Petitioners, seeking the following relief: “ ... to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in removing the illegally erected statue of Dr. Babashaheb Ambedkar in petitioner's agricultural land at Sy.No.369-6A, of Kadiyapulanka Village, Kadiyam Mandal, East Godavari District nor allowing petitioners to remove the same and further inaction of the Respondent No.5 to 8 authorities in acting upon the proceedings vide Comp.332144 dated 14.10.2020 of the 3rd Respondent, as illegal, arbitrary, discriminative and contrary to the principles of natural justice, violative of Fundamental Rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to remove the statue of Dr.Babashaheb Ambedkar in petitioner's agricultural land at Sy.No.369- A, of Kadiyapulanka Village, Kadiyam Mandal, East Godavari District and pass ...” Heard Sri Srinivas Basava, learned counsel for the Petitioners, learned Government Pleader for Revenue, learned Assistant Government Pleader for Home appearing for respondent State and learned Standing Counsel for respondent No.9. Perused the material on record. As can be seen from the record, the dispute is with regard to installation of the statue at the petitioners’ land. Learned counsel for the Petitioners would submit that in the counter, it is stated that the statue is situated in the government land and they are not taken any measurement. Further, some unknown persons during night without obtaining permission, installed the statue in the land of the Petitioners. Learned Assistant Government Pleader for Home on written instruction would submit that no complaint was received by respondent Police from anybody with regard to the subject matter and the matter is purely civil in nature, 4 respondent police never interfered in the civil issues and that necessary orders may be passed by disposing of this Writ Petition. At this juncture, learned counsel for the Petitioners requested to direct respondent authorities to follow G.O.Ms.No.55 TR & B(R-1) Department, dated 08.04.2003. In that view, this Writ Petition is disposed of. Petitioners are at liberty to redress the grievance before appropriate forum according to law. Needless to say, respondent authorities shall follow the guidelines issued in G.O.Ms.No.55 TR & B(R-1) Department, dated 08.04.2003. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 33938 of 2022 05.11.2025 Mjl /*