GUTHA NARAYANA RAO Vs. DISTRICT COLLECTOR GUNTUR

JUDGEMENT

(1.) Writ Petition No.33490 of 2011 is for a direction to the Collector and Revenue Divisional Officer, Guntur and Tahsildar, Sattenapalli Mandal to stop and prevent illegal construction of a platform for the erection of the statue of Sri Y.S.R. in Pakalapadu Gram Panchayat office premises by private respondents 6 and 7. The petitioner claimed that the panchayat office is located in about 60 square yards in survey No.168 having been constructed in 2008. The Mandal Development Officer and the Panchayat Secretary were alleged to be encouraging the said construction by respondents 6 and 7, which inconveniences the public in entering the office premises. The representation of the petitioner and others dated 09-12-2011 was unattended. The material papers enclosed show the representation to have been acknowledged by the office of the Collector.

(2.) At the time of admission of the writ petition, interim directions were given on 20-12-2011 in W.P.M.P. No.41647 of 2011 as follows:

(3.) Respondents 6 and 7 filed their counter-affidavit along with W.V.M.P. No.67 of 2012 stating that some of the villagers including respondents 6 and 7 represented to the Tahsildar, Sattenapalli/Special Officer of the Gram Panchayat on 24-11-2011 for permission to install the statue of Dr. Y.S. Rajasekhara Reddy, former Chief Minister, in the Gramakantam land besides the bus stand and opposite to the Grampanchayat office. The Special Officer convened a meeting of all the villagers on 28-11-2011 and the villagers including the brother of the petitioner signed a resolution in the presence of the Tahsildar, Rural Circle Inspector and all the villagers and the people representing the Congress and Telugudesam parties shifting the proposed site to the open place in the campus of the Panchayat office. All the concerned officials met on 30-11-2011 and resolved to allow the installation of the statue on the South-East corner of panchayat compound. There was no inconvenience to the movements at the panchayat office by the proposal, which is abutting a private house on the South. The site is between the said private site and the stair-case of the panchayat office with a comfortable distance between the site and the R & B road. No prescribed procedures have been violated and G.O. Ms. No.55 has no application, as the site is not on R & B road. The panchayat resolution is binding on the petitioner and hence, respondents 6 and 7 sought for vacating the interim order and dismissal of the writ petition.