This court dismissed a Public Interest Litigation wherein the petitioner sought directions to prevent the erection of a statue and memorial park on a road by respondents, as the site's status became disputed following a prior single judge order.
None.
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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON’BLE MR. JUSTICE D.V.S.S. SOMAYAJULU
W.P (PIL) No. 7 of 2022
(Proceedings through physical mode)
Pedanandipadu Old Students Association Rep.by its President Kolla Sitaramaiah S/o. Sri Ramulu, Age 70 years, Occ: Agriculture, r/o. Nagulapadu village, Pedanandipadu Mandal, Guntur District – A.P. ..Petitioner
Versus The State of Andhra Pradesh, Rep.by its Secretary to Government, Road & Building Department, Secretariat, Velagapudi, Amaravathi and others. ..Respondents Counsel for the petitioner : Mr. V.V. Lakshmi Narayana Counsel for Respondents No.1 & 5 : G.P. for Roads & Buildings Counsel for Respondents No.2 & 6 : G.P. for Panchayath Raj Counsel for Respondents No.3 & 9 : G.P. for Revenue Counsel for Respondent No.4 : G.P. for Home Counsel for Respondents No.7,8 & 10 : Mr. I. Koti Reddy, standing counsel
ORDER (ORAL)
Dt: 06.07.2022
(per Prashant Kumar Mishra, CJ)
This writ petition in the nature of Public Interest Litigation has been preferred seeking the following relief:
“ ......to issue a writ, order or direction, more particularly one in the nature of writ of mandamus, declaring that the action of the respondents in not taking steps in preventing the highhanded action of the respondents No.11 & 12 in
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laying the foundation stone on 13.12.2021 towards proposed to erection/construction of statue of former Chief Minister Dr. Y.S. Rajasekhar Reddy & memorial park on his name by encroaching the R&B road in Sy.No.81, Pedanandipadu village, Guntur District, unauthorizedly, without permission from the concerned authorities and also in not considering and disposing off the representations made by the petitioner, on 04.10.2021, 13.12.2021 and issued notices dated 21.10.2021 is as illegal, arbitrary and violation of law, rules and contrary to orders of the Hon’ble Supreme Court vide SLP (C) No.8519/2006 and G.O.Ms.No.55 (Transport, Roads & Building) (R-I) Department dated 08.04.2003.”
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PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J
GM
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HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON’BLE MR. JUSTICE D.V.S.S. SOMAYAJULU
W.P (PIL) No. 7 of 2022 (per Prashant Kumar Mishra, CJ)
Dt: 06.07.2022
GM
1 issue framed by the court
Whether a PIL seeking directions to prevent infringement of a government road for erecting a statue is permissible when the site has become disputed.
Pedanandipadu Old Students Association Rep.by its President Kolla Sitaramaiah
The State of Andhra Pradesh
Prashant Kumar Mishra
D.V.S.S. Somayajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
