Disposed

Gajaganti Suvartha v. the State of Ap

Andhra Pradesh HC3 Apr 2023WP/8177/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by villagers seeking removal of a statue blocking drainage in Krishna District. The court directed respondents to conduct an enquiry to verify compliance with Supreme Court guidelines prohibiting statue installation in public utility places within four weeks.

What did the court decide?

The 2nd and 3rd respondents were directed to conduct an enquiry verifying the statue's erection against G.O.No.18 and dispose of representations within four weeks.

Gajaganti Suvartha Vs the State of Ap — Public Procurement and Tenders | Andhra Pradesh HC (2023)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.8177 of 2023

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ORDER :

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The present Writ Petition came to be filed under Article 226

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of the Constitution of India seeking the following relief:-

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“…to issue a Writ, Order or Direction more particularly one in the nature of writ of Mandamus, declaring the inaction on the part of the official respondents in removing Sri Babu Jagajjeevan Ram Statue erected in the middle of main drain of Kondapavuluru Village, Gannavaram Mandal, Krishna District which stagnates the free flow of drain water being used by the Villagers, without any permissions from the competent authorities as contemplated in G.O.Ms.No.18 Transport, R & B (Roads-1) Department, dated 18.02.2013 in spite of representations submitted by the Villagers including Petitioners herein dated 25.04.2022 and 31.12.2022 as highly arbitrary, illegal, unconstitutional and contrary to various judgments of Hon’ble Apex Court and this Court and issue a consequential direction directing the Respondents to ensure that there is no installation of statue of any Person at Kondapavuluru Village, Gannavaram Mandal, Krishna District and other public utility places and also take steps to remove the Statue already erected and pass… .”

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The brief facts of the case are that, the petitioners are the permanent residents of Kondapavuluru Village, Gannavaram Mandal, Krishna District. They are eking out their livelihood by doing agricultural works. While so, on 22.03.2022 at midnight

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the Sarpanch of Purushottapatnam village along with his henchmen broke down the CC road which was laid with MGNREGS funds and erected the Statue of National leader, due to which, the flow of drain water was blocked, accumulated the same around the habitation and became habitat of dangerous mosquitoes.

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The grievance of the petitioner is that, because of the said act, the petitioners are suffering from various deceases like dengue, malaria, viral fevers and also Asthma due to bad smell coming out from the drainage. Questioning the same, the petitioners have already registered a compliant with the respondents on 25.04.2022 in ‘Spandana’ grievance cell and the same was forwarded by the District Collector to the R.D.O., through District Panchayat Officer, Krishna, Machilipatnam vide Roc.No.166/2022/Panchayat, dated 28.04.2022 with a direction to conduct an enquiry and submit a report to the competent authorities. As no action has been initiated so far, the petitioners have again submitted a representation on 31.12.2022 with the same request. As the respondents have not initiated any further course of action, the petitioners have filed the present writ petition.

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Learned counsel for the petitioners submitted that, as per the directions of the Hon’ble Apex Court, the Government have issued G.O.Ms.No.18, dated 18.02.2013 which reads as under:

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“The Supreme Court of India, have passed the following orders:

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“We, further direct that henceforth, State Government shall not grant any permission for installation of any statue of construction of any structure in public roads, pavements, sideways and other public utility places. Obviously, this order shall not apply to installation of high mast lights, street lights or construction relating to electrification, traffic toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities. The above order shall also apply to all other States and Union Territories. The concerned Chief Secretary / Administrator shall ensure compliance of the above order”.

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In pursuance of the order of the Hon’ble Supreme Court of India, Government hereby decide not to grant permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places.”

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5. Heard learned Government Pleader for Roads & Buildings

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and he has not opposed for passing of orders in terms of G.O.Ms.No.18, dated 18.02.2013.

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In view of the said facts, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the 2^nd and 3^rd respondents to conduct an enquiry to verify whether the statue has been erected in accordance with the G.O.No.18, dated 18.02.2013 and pass appropriate orders on the representations made by the

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petitioners on 25.04.2022 and 31.12.2022, in accordance with G.O.Ms.No.18, dated 18.02.2013 within a period of four (4) weeks from the date of receipt of a copy of this order.

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Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

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_______________________ JUSTICE V.SUJATHA

Date : 03.04.2023

KGR

256

HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.8177 of 2023

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Date : 03.04.2023

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KGR

Gajaganti Suvartha v. the State of Ap

Case brief

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Gajaganti Suvartha v. the State of Ap

Case brief

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