THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.31112 of 2010 Date : 25-1-2011 Between : Veerasaiva Lingayat Samajam .. Petitioner And The State of Andhra Pradesh, represented by the District Collector, Medak and others .. Respondents Counsel for petitioner : Sri K.Gopal Counsel for respondent Nos.1 & 2 : Counsel for respondent Nos.3 & 4 : Counsel for respondent No.5 : The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent Nos.2 to 5 in removing the pedestal along with foundation of Mahatma Basavanna as illegal and unconstitutional. The petitioner sought for a consequential direction to permit him to erect the statue of Mahatma Basavanna at the same place from which it was removed. I have heard Sri K.Gopal, learned counsel for the petitioner and perused the record. The petitioner is a self-styled Veerasaiva Lingayat Samajam. The said Samgajam claims to comprise ardent devotees of Mahatma Basavanna who was described as a social reformer of 12th century. The petitioner pleaded that the villagers and disciples of Mahatma Basavanna have constructed a pedestal in order to erect his idol in Mamidgi village, Nyalkal Mandal, Medak District, for performing poojas. On 12-4-2010, the official respondents, at the instance of respondent No.5, are stated to have removed the pedestal with a J.C.B. vehicle. It is this action which is assailed in this Writ Petition. Along with the Writ Petition, the petitioner filed a copy of the Press report wherein it is reported that the revenue and police officers have removed a pedestal which has become controversial for the past few days as the same was constructed on the main road of the village opposite a Dargah and that at the instance of the persons of one religion opposing such installation, the pedestal has been removed. It is not the pleaded case of the petitioner that the pedestal is raised either over a private land or on the land belonging to the Gram Panchayath with permission from the competent authority. Therefore, the petitioner cannot claim any right to install the statue of Mahatma Basavanna and no exception can be taken to the action of the respondents in removing the pedestal which was admittedly raised over public place without permission. If the petitioner has faith in preachings of Mahatma Basavanna, it is certainly entitled to practice such faith. But the petitioner cannot encroach on the public place without permission from the competent authority in the guise of practicing its faith. As no statutory or constitutional rights of the petitioner are shown to have been violated by the action of the respondents in removing the pedestal, no mandamus can be issued. For the above mentioned reasons, the Writ Petition fails and the same is accordingly dismissed. As a sequel to dismissal of the Writ Petition, WPMP No.39582/2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY.,J Date: 25-1-2011 AM