WP/37395/2022 of GUNTURI BHAVANI Vs THE STATE OF AP on 30 December 2022

ORDER:

Mr.N.Srihari, learned Standing Counsel for Gram Panchayats Heard learned counsel for the petitioner. Also heard learned Assistant Government Pleader for Irrigation & CAD, learned Assistant Government Pleader for Revenue and the learned standing counsel for Gram Panchayats.

2. The present Writ Petition is filed to declare the inaction of the respondent authorities in initiating steps to stop construction and removing the illegal structures being made by some of the villagers for erection of the leaders’ statues in irrigation canal and canal bund in R.S.No.513 admeasuring an extent of Ac.0.78 cents situated at Rollapalem Panchayat, Peruru Revenue Village, Amalapuram Mandal, Dr.B.R. Ambedkar District), as illegal and unconstitutional.

3. The learned counsel referring to the averments made in the Writ Affidavit submits that the petitioner is the absolute owner and possessor of agricultural land admeasuring an extent of Ac.2.34 cents in R.S.No.574-2 and Ac.0.24 cents in R.S.No.574-1 situated in Kamanagaruvu Panchayat, Amalapuram Rural Revenue Village, Amalapuram Mandal, Dr.B.R.Ambedkar Konaseema District (formerly East Godavari District). He submits that abutting the petitioner’s land, there is an irrigation canal and canal bund in R.S.No.513 situated at Rollapalem Panchayat of Peruru Revenue Village. The irrigation canal bund is only access to approach the petitioner’s lands and other villagers’ lands. He submits that some of the villagers have started construction of structures with a view to erect statues of leaders in the irrigational canal bund in R.S.No.513 by encroaching canal bund and also started ‘Bhoomi Pooja’. He submits that under the circumstances, the petitioner made a representation on 22.10.2022 to the concerned authorities, but the same has not yielded any response so far and therefore the petitioner is constrained to approach this Court seeking appropriate directions. He submits that before erecting the statues, permission has to be obtained from the concerned authorities, but no such permission is accorded by the officials.

4. The learned Assistant Government Pleader for Revenue on the basis of instructions dated 29.12.2022 received from the 7[th] respondent submits that as per the information furnished by the Panchayat Secretary, Rollapalem Gram Panchayat, no arrangements appears to have been made for the installation of idols/statues of National leaders and no arrangements were made for construction of the temple as alleged in the Writ Petition.

5. This Court having considered the submissions made and perusing the material on record is inclined to dispose of the Writ Petition, with a direction to the respondent authorities to take necessary action on the petitioner’s representation dated 22.10.2022, within a period of two (2) weeks from the date of receipt of copy of this order. In the event, it is found that some constructions are undertaken for the purpose of erecting statues of leaders, without obtaining permission from the District authorities and contrary to the relevant orders, further expeditious action shall be taken in the matter, in accordance with Law.

6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed.

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JUSTICE NINALA JAYASURYA

Date: 30.12.2022

IS

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

WRIT PETITION No.37395 of 2022

Date: 30.12.2022

IS