IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE TWENTIETH DAY OF OCTOBER, TWO THOUSAND AND ELEVEN WRIT PETITION No.5471 of 2011 Between: Kantana Nageswara Rao … Petitioner And The State of A.P., reptd., by its Principal Secretary, (Roads & Buildings), Secretariat, Hyderabad and others. … Respondents Counsel for the petitioner: Sri Chandra Sekhar Ilapakurti. Counsel for the respondents: AGP for R&B for R.1 to R.4. Sri B.Sesibushan Rao for R.5 None for R.6. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 4 in removing the statute of Dr.B.R.Ambedkar, erected by respondent No.5 on a public place without permission from the competent authority, as illegal and arbitrary. The petitioner is a resident of Hukumpeta village, Rajahmundry Rural Mandal. In his neighbourhood, respondent No.5 has erected the statute of Dr.B.R.Ambedkar. The grievance of the petitioner is that the statute obstructs the movement of the public as the same was erected adjacent to the R & B road over the drain, leaving no space for the people to walk on the road margin. The petitioner alleged that no permission has been obtained by respondent No.5 from the competent authority for erection of the said statute. Respondent No.3, the Executive Engineer, R & B Department, Rajahmundry, filed a counter-affidavit, wherein it is inter alia, stated that the statute was erected on the R&B road side drain and that a detailed report was furnished to the Station House Officer, Bommuru on 4-5-2010. It is further stated that as per G.O.Ms.No.55, T(R&B) (R.1) Department, dated 8-4- 2003, permission is required to be taken for erection of statutes in public places and that no permission has been obtained by respondent No.5 for erection of the said statute. No counter-affidavit is filed by respondent No.5. A perusal of the photographs furnished to the court by the learned counsel for either party would show that the statute was erected just by the side of the road on the place which was obviously covered by the drain. In the face of the undisputed fact that respondent No.5 has not obtained permission as envisaged in G.O.Ms.No.55 dated 8-1-2003, erection of statute, unauthorizedly, cannot be sustained. Respondent No.5, is, therefore, directed to remove the said statute within a period of one month from the date of receipt of this order, with liberty to relocate the same at an unobjectionable place after obtaining permission from the competent authority. Subject to the above direction, the Writ Petition is disposed of. As a sequel, interim order, dated 4-3-2011, is vacated and WPMP No.6807 of 2011 is disposed of as infructuous. -------------------------------------- C.V.NAGARJUNA REDDY,J Date:20-10-2011 MNR