(Prayer: 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 more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent Nos 2 to 6 not removing the statute of Dr.B.R. Ambedkar illegally installed in the middle of the 12 feet narrow road in ward no 1 of Jaladurgam village, Peapullymandal, Nandyal district is a violation of the Orders of the Hon'ble Apex Court in Special Leave to Appeal (C) No(s) 8519/2006 dated 18.01.2013 passed in I.A.No 10 of 2012 and also a violation of the G.O.Ms.No.18 Transport, Roads and Buildings (Roads-1) Department dated 18.02.2013 issued by the Government of Andhra Pradesh consequently direct the Respondent authorities to remove the illegally installedstatue of Dr.B.R. Ambedkar in the middle of the 12 feet narrow road in ward no 1 of Jaladurgam village, Peapullymandal, Nandyal district in terms of orders passed by this Hon'ble High Court in W.P.Nos Nos.344 AND 7024 OF 2019 and 27036 OF 2022 forthwith and pass

IA NO: 1 OF 2023

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 respondent Nos 2 to 6 to remove the statue of Dr.B.R. Ambedkar illegally installed in the middle of the 12 feet narrow road in ward no 1 of Jaladurgam village, Peapullymandal, Nandyal district and not to allow installation of any other statues on the public road, pending disposal of the above writ petition and to pass

IA NO: 2 OF 2023

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 permit the Petitioner herein to implead Proposed Respondent No 7/ Impleaded Respondent No 7 in the above Writ Petition no 11762 of 2023 and pass)

1. This writ petition is filed questioning the inaction of respondent nos. 2 to 6 in removing the statue of Dr.B.R.Ambedkar installed in the middle of the 12 feet narrow road in ward No.1 of Jaladurgam village, Peapully Mandal, Nandyal District.

2. Heard Sri Basheer Ahmed, learned counsel for the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat, Sri Balakrishna, learned Assistant Government Pleader for Panchayat Raj and Ms. Shaheen, learned Assistant Government Pleader for Home.

3. Sri Basheer Ahmed, learned counsel, while reiterating the contents of the writ affidavit would contend that in the counter filed by Panchayat, they have categorically admitted that a statue has been erected obstructing the approach road, without obtaining any permission and Gram Sabha had passed a resolution refusing the permission. He would further contend that despite the same the authorities are not taking any action for removal of the statue. Accordingly, prayed to allow the writ petition.

4. On the other hand, Sri M.Sudheer, learned Standing Counsel, while reiterating the contents of the counter affidavit would submit that some villagers, without the knowledge of the panchayat authorities, had erected the statue nearly 10 feet away from the allocated place obstructing the approach road and appropriate action would be taken for removal of the statue in accordance with law.

5. Perused the material available on record and considered the submissions made by learned counsel for the parties.

6. The pleadings and submissions made by learned counsel for the parties would demonstrate that statue was erected 10 feet away from the earmarked place thereby obstructing the approach road and on the representations made by villagers Gram Sabha had passed a resolution refusing permission.

7. G.O.Ms.No.55, Transport, Roads & Buildings (Roads-1) Department, dated 08.04.2021 delineates the procedure for removal of statues erected without obtaining proper permission. In view of the undisputed fact that the statue has been erected without obtaining proper permission and that too not in the earmarked location, the District Collector shall take steps as per G.O.Ms.No.55, dated 08.04.2021.

8. Accordingly, the writ petition is disposed of, directing the District Collector concerned to follow the guidelines prescribed in G.O.Ms.No.55, dated 08.04.2021 for removal of the statue, as expeditiously as possible , not later than two (02) months from the date of receipt of copy of the order. There shall be no order as to costs.

                  Pending miscellaneous petitions, if any, shall stand closed.