G. RAMI REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) Both the writ petitioners are residents of Ward No.5 of Kanukuru Village, Settur Mandal of Ananthapuram District and their prayer is identical. Their grievance is that in their ward, two rival groups constructed stone beds on either side of the public road by encroaching 20 feet C.C road leaving only 6 feet width for ingress and egress in order to install Dr.B.R.Ambedkar statue and Valmiki statue without any permission from the concerned authorities. Due to such unauthorized acts, the public of the locality in specific and villagers in general are facing severe problem to pass through the road in that Village. When they approached the Gram Panchayat authorities, they did not take any action. They claimed that as per G.O.Ms.No.18, Transport, Roads & Buildings (Roads-1) Dept., dated 18.02.2013 the Government have, in the light of the observations of Hon'ble Supreme Court of India in SLP (Civil) No.8519 of 2006, dated 18.01.2013 issued directions not to grant permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. All the State level and District level officers were requested to ensure strict compliance of the orders of the Hon'ble Supreme Court of India. The petitioners would thus contend that the present action of the rival groups in constructing pials for installation of the statues is a clear infraction of the aforementioned G.O and the inaction on the part of the official respondents is equally a contributive factor for such violation of Rule of law. The petitioners thus, sought for writ of mandamus directing the official respondents to remove the stone bedded pials constructed on the public C.C road in Ward No.5, Kanukuru Village.

(2.) It is to be noted, while in W.P.No.344 of 2019, the Writ Petitioner added unofficial respondents 9 & 10, who allegedly made unauthorised construction of the stone beds, the petitioner in W.P.No.7024 of 2019 did not add any private parties imputing them to have constructed such beds. It is to be further noted that when the matter came up for hearing, the Writ Petitioner in W.P.No.344 of 2019 has withdrawn the writ petition against the unofficial respondents 9 & 10 by making an endorsement to that effect.

(3.) In W.P.No.7024 of 2019 the 6th respondent, who is the Special Officer of Kanukuru Gram Panchayat filed counter inter-alia contending that there is a 20 feet C.C road from main road towards West, which leads to the residential houses in Kanukuru Village and it is a fact that the residents in the said road and other villages made a complaint stating that two rival groups in the said village constructed two stone beds on the public road by proposing to install statues of Dr.B.R.Ambedkar and Valmiki. On said complaint, he personally visited the spot and found that they constructed the said stone beds by encroaching about 14 feet on two sides of the road leaving about 5 feet in the middle of the two beds. He would further submit that immediately, he enquired the matter in the village to find out who constructed the said stone beds, but nobody came forward owning the responsibility for such constructions. On enquiry, he came to know those two stone beds were constructed illegally without obtaining any permission from the competent authority. He stoutly denied Gram Panchayat ever passed any resolution permitting to construct those beds for installation of statues. On the other hand, the Gram Panchayat passed Resolution No.35, dated 08.02.2019 resolving to remove the two stone beds to clear the public C.C road. He further pleaded that when he tried to remove those beds, he received information from the villagers that there was law and order problem. Hence, immediately he made a representation dated 11.02.2019 to the Circle Inspector of Police, requesting him to instruct S.H.O., Settur to provide Police protection to discharge the duties of Gram Panchayat to remove illegal stone beds. He also made representation dated 07.03.2019 to Tahsildar, Settur requesting him to assist Gram Panchayat to discharge his duties to remove the stone beds. A copy of the said representation was marked to S.H.O., Settur, Divisional Panchayat Officer and 3rd respondent. He also addressed another letter dated 13.03.2019 to S.H.O., Settur requesting him to provide Police protection to the Gram Panchayat to discharge its duties. In the meanwhile, it came to light that another villager G. Rami Reddy also filed W.P.No.344 of 2019 seeking similar relief. Basing on the said writ petition, the S.H.O., Settur addressed a letter dated 11.02.2019 seeking clarification about the orders passed by Hon'ble High Court for removal of the stone beds. The Gram Panchayat clarified that it is empowered and also it is a competent authority to protect the public roads by removing the illegal constructions and it is further clarified that under Section 139 of Andhra Pradesh Gram Panchayat Act, it is the duty of Police authorities to assist the Gram Panchayat. In spite of the same, the Police did not assist the Gram Panchayat. Later, the S.H.O, Settur sent another letter dated 18.03.2019 stating that he was shown as one of the respondents in W.P.No.344 of 2019 and that he was not in a position to assist the Gram Panchayat unless an order was there from the High Court. Since both the writ petitions were filed seeking identical reliefs, duty castes on the Police to assist them. At the end, while admitting that illegal constructions are made for installation of statues and that the Gram Panchayat is responsible to remove the constructions, the 6th respondent in his counter would submit that due to lack of cooperation from the Police, action could not be taken.