Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 6792 (AP)

PJR Z P HIGH SCHOOL MANAGEMENT COMMITTEE v. THE STATE OF ANDHRA PRADESH

WP/3429/2025 · 2025-02-19

Tarlada Rajasekhar Rao

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3429 OF 2025 Between: PJR Z P High School Management Committee, Rep. by its Chairman and president, Epuganti Kiran, S/o. Chanti, Age 40 years, R/o. Neppalli Village, Kankipadu Mandal, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District at Machilipatnam. 3. The Revenue Divisional Officer, Machilipatnam. 4. Mandal Revenue Officer, Kankipadu Mandal, Krishna District. 5. Mandal Development Officer, Kankipadu Mandal, Krishna District 6. Neppalli Grama Panchayat, Rep. by its Panchayat Secretary, Neppalli Village, Kankipadu Mandal, Krishna District. ...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 action of the respondents in not taking action against the proposed illegal installation of Dr. B.R. AMBEDKAR statue in the public utility place/public road margin located in front of the petitioner's school gate, situated in Neppalli Village, Kankipadu Mandal, Krishna District as the same is arbitrary, illegal and without w Jurisdiction and being voilative of the directions of the Hon'ble Supreme Court passed in SLP (Civil) NO(S) 8519/2006 and consequential G.O.M.S.No.18, Dt;18-02- 2013 as also the law laid down by the Hon'ble "High Court of A.P. in its Judgment in W.P.No.27036/202, Dt 30-08-2022 and consequently direct the respondents not to allow installation of any statue not only in front of the school gate but also in the public utility place/ public road margin leading from Kunderu Road into the Neppalli village. 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 direct the respondents not to permit the installation of any statue in the public utility place/public road margin located in front of the petitioner's school gate, situated in Neppalli Village, Kankipadu mandal. Krishna District pending disposal of the above writ petition. Counsel for the Petitioner: SRI P PRABHAKAR RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI Y. KOTESWARA RAO, SC forZPP, MPP & GRAM PANCHAYAT The Court made the following order: APHC010064642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3429/2025 Between: PJR Z P High School Management Committee AND The State Of Andhra Pradesh and Others ...PETITIONER ...RESPONDENT(S) Counsel for the Petitioner: 1.P PRABHAKAR RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE S.Yarraguntla.Koteswara Rao,Standing Counsel ForZilla Praja Parishads.Mandal Praja Parishads and Gra w 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not taking action against the proposed illegal installation of Dr.B.R.AMBEDKAR statue in the public utility place/public road margin located in front of the petitioner's school gate, situated in Neppalli Village, Kankipadu Mandal, Krishna District as the same is arbitrary, illegal and without jurisdiction and being voilative of the directions of the Hon'ble Supreme Court passed in SLP (Civil) NO(S) 8519/2006 and consequential G.O.M.S.No.18, Dt: 18-02-2013 as also the law laid down by the Hon'ble High Court of A.P. in its Judgment in W.P.No.27036/202, Dt 30-08-2022 and consequently direct the respondents not to allow installation of any statue not only in front of the school gate but also in the public utility place/ public road margin leading from Kunderu Road into the Neppalli village and pass such other order or orders....” Heard learned counsel for the petitioner and learned counsel for 2. the respondents. The grievance of the petitioner is that the respondents are trying to erect Dr.B.R.Ambedkar statue in the public utility place/public road margin located in front of petitioner’s school gate, situated in Neppalli Village, Kankipadu Mandal, Krishna District. Aggrieved by the same, the present writ petition is filed seeking a direction to respondents not to install any statue in public utility place/public road in front of the petitioner’s school gate. 3. 4. Learned Assistant Government Pleader for revenue furnished written instructions dated 17.02.2025, forms part of the record, which reads as follows: “...It is submitted that the police. Revenue and Panchayath stopped the erection of statue and placed the statue without erection before the closed gate of the Z.P. High School and place Police and Village Revenue Assistant of the Neppalli Village to protect the statue and not to erect the statue in the R&B Road Margin to ease the tension in the village. The land belongs to Gramakantam, which is under control of the Panchayath Departmant. Hence, it is submitted that the contention of the petition is not correct as alleged as the installation of Dr.B.R.AMBEDKAR Statue in the public Place / Public Road Margin located in the front of the Petitioners school gate situated in Neppalli Village of Kankipadu Mandal, the petition may be disposed in the interest of justice...” On perusal of the written instructions, it appears that the respondents have not allowed or granted legal permission to erect/install a statue. Hence, nothing remains the writ petition for further adjudication. 5. Therefore, the present Writ Petition is disposed of, directing the respondents to follow the guidelines issued by the Hon’ble Apex Court, if at all they intend to give legal permission for erection of statue. There shall be no order as to costs. 6. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR ^SE^O^N OFFICER //TRUE COPY// To 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District at Machilipatnam. 3. The Revenue Divisional Officer, Machilipatnam. 4. Mandal Revenue Officer, Kankipadu Mandal, Krishna District. 5- Mandal Development Officer, 6. The p Kankipadu Mandal. Krishna District. Kankipadu MandatKrish'na^Si.'^'^"’® Panchayat, Neppalli Village, 7. One CC to Sri P Prabhakar p"® ot Sri Y. Koteswara Panchayat fOPUCJ Andhra Pradesh. ^ Development, Rao, Advocate fOPUCJ Rao, SC for ZPP, mpp and Gram High Court of High Court of Andhra Pradesh. 10. Two CCS to GP for Revenue. [OUT] 11. Two CD Copies RAM f i HIGH COURT DATED: 19/02/2025 \ ORDER t 5 MAH 2025 I Current Section . 4 WP.No.3429 of 2025 O DISPOSING OF THE WP WITHOUT COSTS