Beera Suresh, Vs The State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

Beera Suresh, Vs The State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the Gram Panchayat to consider and dispose of the petitioner's representation dated 06.01.2025 by a reasoned order in accordance with law, keeping in view G.O.Ms.No.18 dated 18.02.2013, after providing an opportunity of personal hearing and communicating the order to the petitioners; no costs; miscellaneous applications, pending if any, stand closed.

Issue for consideration

Whether the authorities should act upon the petitioner's representation dated 06.01.2025 against the erecting of an unauthorized statue in between the wall and the B.R.Ambedkar Statue without permission, in view of G.O.Ms.No.18 Panchayat Raj & Rural Development dated 18.02.2013.

Court's answer

In view of G.O.Ms.No.18 dated 18.02.2013 and the respondent authorities' statement that they would consider and dispose of the petitioner's representation in accordance with law, the Court declined to adjudicate the matter on merits and inclined to dispose of the writ petition with a direction.

Ratio / Principle

The Gram Panchayat concerned is directed to consider and dispose of the petitioner's representation dated 06.01.2025 by passing a reasoned order in accordance with law, keeping in view G.O.Ms.No.18 dated 18.02.2013, by providing an opportunity of personal hearing to the petitioners and communicating the same to them.

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction), Writ Petition No. 2439 of 2025, decided on 23.12.2025 by Ravi Cheemalapati J.: Beera Suresh's grievance was the non-consideration of his representation dated 06.01.2025 submitted against the erecting of an unauthorized statue in between the wall and the B.R.Ambedkar Statue in K.Pedapudi Gram Panchayat, Ambajipeta Mandal, East Godavari District, without any permission. Learned counsel for the petitioner contended that despite the representation to the Gram Panchayat, the authorities had not acted upon it. Learned Standing counsel for the Gram Panchayat stated that the authorities would consider and pass orders on the representation in accordance with law. The Court noted that G.O.Ms.No.18 Panchayat Raj & Rural Development dated 18.02.2013 prohibits granting permission for erecting statues, memorials, or constructing structures on public roads/pavements, with exceptions for essential items like street lights. Instead of adjudicating the matter on merits, the Court disposed of the writ petition, directing the Gram Panchayat concerned to consider and dispose of the petitioner's representation dated 06.01.2025 by passing a reasoned order in accordance with law, keeping in view G.O.Ms.No.18 dated 18.02.2013, by providing an opportunity of personal hearing to the petitioners and communicating the same to them. No costs; miscellaneous applications, pending if any, stood closed.

[3332]

APHC010048102025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2439/2025

Between:

Beera Suresh,

...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1.CH NAGA MEHAR BABA

Counsel for the Respondent(S):

1.GP FOR PANCHAYAT RAJ RURAL DEV

The Court made the following order:

The short grievance of the petitioner herein is non-consideration of his representation dated 06.01.2025 submitted against the erecting of unauthorized statue in between the wall and B.R.Ambedkar Statue in K.Pedapudi Gram Panchayat, Ambajipeta Mandal, East Godavari District without any permission.

Heard Sri Ch.N.Mehar Baba, learned counsel for the petitioner and Sri Y.Koteswara Rao, learned Standing counsel for Gram Panchayat.

Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, inspite of making representation dated 06.01.2025 to the Gram Panchayat that some persons are trying to erect unauthorized statue on the road between the wall and B.R.Ambedkar Statue without obtaining prior permission, the authorities have not acted upon. As such filed the present writ petition and accordingly prayed to pass appropriate orders in that regard.

On the other hand, learned Standing counsel for Gram Panchayat submitted that, the authorities would consider and pass orders on the petitioners’ representation, in accordance law and prayed to pass appropriate orders in that regard.

Perused the record and considered the submissions of both the learned counsel.

As some persons are trying to erect an unauthorized statue on the road between the wall and B.R.Ambedkar Statue without obtaining prior permission, the petitioner’s society has made representation dated 06.01.2025 requesting to take steps in removing the said unauthorized obstacles but the authorities have not initiated any action against the same. As per the G.O.Ms.No.18 Panchayat Raj & Rural Development dated 18.02.2013 prohibits granting permission for erecting statues, memorials, or constructing structures on public roads/pavements, with exceptions for essential items like street lights.

In view of the above provision and as the respondent authorities have stated that, they would consider and dispose of the petitioner’s representation in accordance with law, instead of adjudicating the matter on merits, this Court is inclined to dispose of the writ petition with the following direction:

The Gram Panchayat concerned is directed to consider and dispose of the petitioner’s representation dated 06.01.2025 by passing a reasoned order, in accordance with law and keeping in view G.O.Ms.No.18 dated 18.02.2013, by providing an opportunity of personal hearing to the petitioners and communicate the same to the petitioners.

Accordingly, the writ petition is disposed of. No costs.

Miscellaneous applications, pending if any, shall stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI

BRS