APHC010128112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 7082/2026 Between: 1. BADE VENKATA SESHAGIRI RAO, S/O BABURAO, HINDU, AGED ABOUT 50 YEARS, PERMANENT RESIDENT OF D.NO.5-124, ULLIPALEM VILLAGE VILLAGE KODURU MANDAL, TEMPORARILY RESIDING AT 7TH WARD, AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF ROADS TRANSPORT AND HIGHWAYS DEPARTMENT, REP BY ITS SECRETARY, NEW DELHI. 2. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY ITS PROJECT DIRECTOR, PROJECTION IMPLEMENTATION, UNIT1 MACHILIPATNAM 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 5. THE DISTRICT PANCHAYAT OFFICER, MACHILIPATNAM, KRISHNA DISTRICT. 6. THE TAHSILDAR, AVANIGADDA MANDAL, KRISHNA DISTRICT. 2 TRR,J W.P.No.7082 of 2026 7. THE GRAMA PANCHAYAT OF VILLAGE, REP BY ITS SECRETARY, PULIGADDA VILLAGE AND AVANIGADDA MANDAL, KRISHNA DISTRICT. 8. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, MACHILIPATNAM DIVISION. 9. THE SHO, AVANIGADDA VILLAGE AND MANDAL, KRISHNA 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 to issue a Writ, Order, Direction more particularly one in the nature of WRIT OF MANDAMUS declare the inaction of the Respondent authorities in removing an illegal statue of late Mandali Venkata Krishnarao constructed in middle of the roadway at the Puligadda Toll Plaza on the Avanigadda-Repalle road stretch of NH-216, Puligadda Village and Avanigadda Mandal, Krishna District, is illegal, arbitrary, unconstitutional, violative of fundamental rights as guaranteed under Article-14,19(l)(d),21 of the Constitution of India and contrary to the Interim Order granted in I.A.No. 10/2022 SLP (C) No.8915/2006 dt. 18-01-2013 on the file of Supreme Court of India and also G.O.Ms.No.l8 dt. 18-02-2013 and consequently direct the Respondents to remove an illegal statue of Late Mandali Venkata Krishnarao constructed in middle of the roadway at the Puligadda Toll Plaza on the Avanigadda-Repalle road stretch of NH-216, Puligadda Village and Avanigadda Mandal, Krishna District and pass such other order/orders as the Hon’ble Court may deem fit and proper under the circumstances of the case Counsel for the Petitioner: 1. MALISETTI VENKATA SIVA TEJA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR HOME 4. V VENKATA NAGA RAJU(CENTRAL GOVT COUNSEL) 3 TRR,J W.P.No.7082 of 2026 5. GP FOR REVENUE 6. Yarraguntla.Koteswara Rao, Standing Counsel For Zilla Praja Parishads, Mandal Praja Parishads and Gra 7. S S VARMA(SR PANEL COUNSEL CENT GOVT) The Court made the following: 4 TRR,J W.P.No.7082 of 2026 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.7082 of 2026 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order, Direction more particularly one in the nature of WRIT OF MANDAMUS declare the inaction of the Respondent authorities in removing an illegal statue of late Mandali Venkata Krishnarao constructed in middle of the roadway at the Puligadda Toll Plaza on the Avanigadda-Repalle road stretch of NH-216, Puligadda Village and Avanigadda Mandal, Krishna District, is illegal, arbitrary, unconstitutional, violative of fundamental rights as guaranteed under Article-14,19(l)(d),21 of the Constitution of India and contrary to the Interim Order granted in I.A.No. 10/2022 SLP (C) No.8915/2006 dt. 18-01-2013 on the file of Supreme Court of India and also G.O.Ms.No.l8 dt. 18-02-2013 and consequently direct the Respondents to remove an illegal statue of Late Mandali Venkata Krishnarao constructed in middle of the roadway at the Puligadda Toll Plaza on the Avanigadda-Repalle road stretch of NH-216, Puligadda Village and Avanigadda Mandal, Krishna District and pass such other order/orders as the Hon’ble Court may deem fit and proper under the circumstances of the case.…” 2. Heard Sri M. Venkata Siva Teja, learned counsel for petitioner and learned Assistant Government Pleaders for respondents. 3. It is narrated in the affidavit filed in support of the writ petition that some of the villagers have illegally installed the statue of late Mandali Venkata 5 TRR,J W.P.No.7082 of 2026 Krishnarao along with a concrete platform and surrounding structure in the middle of the roadway near Puligadda Toll Plaza on the Avanigadda-Repalle stretch of highway (NH-216), which is only primary connectivity road between Repalle in Guntur District and Avanigadda in Krishna District. 4. And further stated since it has become a threat to public safety like delay has been caused to ambulances and disruption of Toll plaza operations and traffic flow and creating public nuisance and prone to accidents. Despite several representations no action was taken by the respondent authorities to remove the statue. As such the right to free movement guaranteed under Article 19(1)(d) of the Indian Constitution being violated. Hence, this writ petition was filed to direct the respondents to remove the statue. 5. The learned counsel for the petitioner contends that G.O.Ms.No.18, dated 18.02.2013, is not applicable in this case, as the statue was erected before the G.O. was promulgated. Instead, G.O.Ms.No.55, Transport, Roads and Buildings (R.I.) Department, dated 08.04.2003, should apply, which is extracted hereunder: “..For statues that have already been erected without proper permission, the concerned Collector should review the structure with the concerned statue erection organizations and such statues should be removed or located with the permission of the Collector or concerned authorities as the case may be following the guidelines wherever necessary. Such organizations should be penalized for an amount of Rs.10,000/- in case of erection without prior permission of the Collector/concerned authorities as the case may be. They should also bear the cost of relocation/removal of statues etc…” 6 TRR,J W.P.No.7082 of 2026 6. On perceiving the G.O., it indicates that if the statue has already been erected without permission, the concerned Collector should review the structure with the concerned statue erection organizations and such statues should be removed or located with the permission of the Collector or concerned authorities as the case may be, following the guidelines wherever necessary. 7. Therefore, the present Writ Petition is disposed of directing the Collector to take necessary steps, in accordance with law, for removal of statue. The respondents are also directed to follow due process of law before removing the statue. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 04.05.2026 PBS 7 TRR,J W.P.No.7082 of 2026 194 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.7082 of 2026 04.05.2026 PPBBSS