THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.11620 OF 2011 BETWEEN: Vasamsetti Venkata Ramana PETITIONER And 1. The State of Andhra Pradesh rep. by District Collector, East Godavari District, and others. RESPONDENTS Counsel for the petitioner: Sri Nimmagadda Satyanarayana Counsel for the respondents 1 & 3: G.P. for Panchayat Raj Counsel for the respondents 2 & 4: Sri G. Elisha The Court made the following order: ORDER: Heard Sri Nimmagadda Satyanarayana, learned counsel for the petitioner and Sri G. Elisha, learned Standing Counsel for respondent Nos. 2 and 4. The petitioner claims to be the Secretary of Ambedkar Yuvajana Seva Sangam. He filed this writ petition to declare the action of respondents 2 to 4 i.e., Mandal Parishad Development Officer, Tahsildar and V.Savaram Gram Panchayat, V.Savaram Village, Rayavaram Mandal, East Godavari District in contemplating to remove the statue of Dr. Bheema Rao Ramji Ambedkar from the site in S.No.134 of V.Savaram village, as illegal. He states that a statue of Dr. Bheema Rao Ramji Ambedkar has been installed on a site situated in S.No.134 of V.Savaram Village of Rayavaram Mandal and respondents 2 to 4 are making efforts to remove the said statue under the influence of the owner of a house in the neighbourhood. He further states that his efforts to convince respondents 2 to 4 to drop such move did not yield any result. Therefore, he filed this writ petition for the aforesaid relief. This Court by order dated 21.04.2011 while issuing notice before admission directed 4th respondent not to remove the statue until further orders. The 4th respondent was also directed to file counter affidavit explaining whether there was any proposal for removing the statue. The implead petitioners have filed a petition to vacate the said interim orders. The material filed by them shows that the East Godavari District SC / ST Rights and Protection Committee and one Boggala William filed a writ petition in W.P.No.24015 of 2010 questioning the action of the Panchayat in not removing the statue. In the said writ petition the Pnachayat Secretary, V.Savaram Gram Panchayat, has filed counter affidavit inter alia stating that the statue has been erected in the middle of the road and the Gram Panchayat passed a resolution on 11.10.2010 for removal of the same. This Court on a consideration of the counter passed the following order. “The counter filed by the Panchayat Secretary, V.Savaram Gram Panchayat, Rayavaram Mandal, East Godavari District, reflects that a resolution was passed by the Gram Panchayat on 11.10.2010 for removal of the statue installed by the eighth respondent in the middle of the path way. However, it appears that no concrete action is being taken pursuant to the said resolution, thereafter. The eighth respondent, despite service of notice, chose not to enter appearance. In that view of the matter, there shall be a direction to the respondent authorities to take necessary action for removal of obstruction/encroachments, including statues, over the public road in R.S.No.134 of V.Savaram village, Rayavaram Mandal, East Godavari District in accordance with law, within four (4) weeks.” From the aforesaid order it is evident that this Court has already directed removal of the statue. Although this order was passed on 24.03.2011, the said fact was not brought to the notice of this Court. The petitioners suppressed the said fact and obtained interim order dated 21.04.2011 in the present writ petition. In the circumstances, the petitioners do not deserve indulgence of this Court for the discretionary remedy under Article 226 of the Constitution of India. The writ petition is accordingly dismissed. The interim order granted on 21.04.2011 stands annulled. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 27th April, 2011 Js.