The High Court · 2025
Case Details
10.Sri. Neeradi Nagesh, S/o Neeradi Gangaram Aged About 40 Years, Occupation. Business, Rl/o Bhavanipet Village, PO Sangam, Bhodhan Mandal, Nizamabad District, Telangana 503206 11.Sri. Begari Anjaiah, S/o Begari Hanmanthu Aged About 45 Years, Occupation. Business, R/o Bhavanipet Village, PO Sangam, Bhodhan Mandal Nizamabad District' Telangana 503206 ...RES'.NDENTS Petition under Article 226 of the Constitution of lr lia praying that in the circumstances stated in the affidavit filed therewith, th: High Court may be pleased to issue an appropriate writ, order, or direction, r tore particularly one in the nature of a Writ of Mandamus, declaring the inaction o Respondents No. 2 to 4 in failing to prevent the unauthorized and illegal attemp -c by Respondents No. 7 to 11 and their irssociates to erect a statue of Dr. B.R Ambedkar, and further failing to demolish the illegally constructed pillars intende( for the erection of the said statue, withoLrt obtaining prior permission from the c )mpetent authority, as arbitrary, iltegal, and unsustainable in law, and conseqriently declare that no such permission c.an be granted, as the proposed erecti( n of the statue at the impugned locatiorr is likely to disrupt communal harmor y and public order in Bhavanipet Village:, and further direct Respondents No. 2 o 4 to take immediate and effective stepi to prevent the unlawful erection of th ) statue, including the demolition of unauthorizedly constructed pillars on Panch. yat land, as the same has been undertaken in blatant violation of statutory pro'isions, and to initiate strict legal action against Respondents No. 7 to 11 for their continuous and willful violations of the law, despite prior official warnings and l1e registration of FIR No.7Ol2O25 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filerl in support of the petition, the High Co lrt may be pleased to direct the Respondents No.2 to 5 to take immediate s:eps to demolish the unauthorized pillars constructed on Gram Panchayat prrpeity in Bhavanipet Village, Bhodan It/andal, Nizamabad District; and con,equently to restrain Respondents No. / to 11 and their associates from makirg illegal attempls to erect a statue of Dr. B.R. Ambedkar within the jurisdictton cf Bhavanipet Village Gram Panchayat without obtaining prior permission from th( competent authority IA NO: 20F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondents No.2 to 5 to immediately restrain the unofficial Respondents No. 7 to 11 and their associates from making illegal attempts to erect the statue ofDr.B'R.AmbedkarwithinthejUrisdictionofBhavanipetVillageGram panchayat, Bhodan Mandal, Nizambad District without obtaining prior permission fromthecompetentauthority,andtotakenecessarypreventivemeasures, including seeking assistance from the 6th Respondent for police protection, if required IA NO: 3 OF 2025 -sio District, Telangana 503206 Between: '1 . Sri. Neeradi Laxman, S/o N Ramulu, Aged About 39 Years, Occupation ' e;.inL;lR/o enivinipet Village, PO Sarigam Bhodhan Mandal, Nizamabad z 5ii'rGeiioi Riir, Neeradi Balay-a Aged About, 41 Years, occupation - e;slnlss, Ryo iihivanipet Village, PO'Sang-am, Bhodhan Mandal, Nizamabad e 5ii'rl-i'"iaOi Himutu, S/o Neeradi Sailu Aged About 45 Years, Occupation' " ovet, nyir Bhavanipet Viilage,- Po Sangam, Bhodhan Mandal' 6out Nizamabad District, Telangana 503206. +. Sii- rl""iJoi lagbsn, S-/o Neeradi Gangaram Aged About 40 Years' ' oltro"tion. Business, R/o Bhavanipet Village, PO Sangam, Bhodhan Mandal, Nizamabad District, Telangana 503206 District. Telanoana 503206 '-etnpf AND '3'J"#,"ff,Il;fl ::hif Nizamabad District' Telangan' ul.t"?f '1lTr'J'E'"$"xi,',',f 2 J "il,*-?l"'ff ,r,o* ERS/RESpoNDENTS No. Ttol 1 "xt,#'",r',ffi 1 The State. of Telangana, Rep by Principal Secreta.ry, Dept of Pan-chayat Raj -o"r"top"meni, or. a. R Ambedkar Telangana State Secretariat' ,nJ nirrt Hvderabad -5OOO22 ifr E-rt/|""J"ii'-r-ri.nad Development officer, Bodhan Mandal, Nizamabad District, Telangana. Oiiiiici' pa"ctiiyatrri Offi"", (DPo), Nizamabad Diskict' Yellamma Gutta' Kumar Gali, Nizama6ad, Telangana 503003 Didiii-Ct c"ir"&rt, o7o-bstrict"collector Nizamabad,Yellamma Gutta' Tilak Gardens, Kumar Gali, Nizamabad, Telangana 503003 - 6il;;id;i-drm-Cancniyat, Represeinted bv its Panchavat S-ecretary' Ei.""""i6"i v rroe. Bodhan'Mandal' Nizamabad District, TelanqaLa 50^3 1 8.5 iil;'sUIi;; - H;ilib-omcerlomcer-in-Charge, Bodhan Rural Police Station' Bodhan, Nizamabad District, Telangana ..RES'ONDENTS b 4 5 7 8 I Sri P Kishore Chowdari, S/o P Ramakishna,Ag )d... About 42 Yeats' occuoation. Aoriculture. R/o H No 1-43, Bhavanipet Village' PO Sangam' Bhodhan MaT dil, Nizaniabad District, Telangana 5032 )6 Sii- M- r-ins,,iim-, s% M Po;heiiv' ngeo" About 5- )^ Years, occupation Aoriculture," qJo H No Z-aSli, Shivanipet Village r O Sangam' Bhodhan Mindal, Nizamabad District, Telangana 503206. $iT p S,lrrrv slo p ourgaian, Aget About 32 Years ( ccupation Agriculture' -vlttag", Po Sangi r, Bhodhan tiilandal ' )-7217, Bhivanipei RJo H No Nizamabad District' Telangana 503206 ...RESpoNlNETS/pETrrroNERS . PetitionunderSectionl5lCPCprayingthatintheCiCumstancesstatedin the affidavit filed i-r support of the petition, the High cou't may be pleased to vacate the orders oassed in w.P. No. 8313 0f 2025 0n |a.03.2025 and dismiss the above writ petition in the interest of justice lA NO: 4 OF 2O2s
1. The State of Telangana, Rep by Principal Secretary, )ept of Panchayat Rai andRuratDevelopment,Dr.B.R'AmbedkarTelane3naStateSecretariat, Hyderabad -ltOOO22
2. District Collector, 0/0 District Coltector Nizamabad,''ellamma Gutta' Tilak Gardens, Kumar Gali, Nizamabad, Telangana 503003 AND ..PETITONERS/RESPONDENT Nos. 1 &3 '1 . Sri P Kishore Chowdari, S/o P Ramakishna,Ag"dr fbout 42 Yeats' Occupation. Agriculture, Rl/o H No 1-43'.Bhavanipet Village, PO Sangam' Bhodhan Mandal, Nizamabad Dlstrict, Telangana 5032r)6
2. Sri M Lingaram, S/o M Poshetty Aged About 5 ) Years, Occupation' Agriculture, IVo H No 2-3511, Bhavanipet Village, F O Sangam, Bhodhan Mandal, Nizamabad District, Telangana 503206.
3.SriPSwamy,S/oPDurgaiah,AgedAbout32Years,Cccupation.Agriculture' R:/o H No 2-7217 , Bhavanipet Village, PO Sang: m ' Bhodhan Mandal Nizamabad District, Telangana 503206 ...RESPONI)ENTS/PETITIONERS
4. The Mandal Parishad Development Officer, Bodhar l\ilandal, Nizamabad District, Telangana. I
5. District Collector, 0/0 District Co ector Nizamabad,ye amma Gutta, Titak Gardens, Kumar Gali, Nizamabad, Telangana 503003
6. Bhavanipet Gram Panchayat, Represented by its panchayat Secretary, Bhavanipet Village, Bodhan Mandal, Nizamabad District, Telangana 5031gS 7. The station House officer/officer-in-charge, Bodhan Rurar porice station, Bodhan, Nizamabad District, Telangana
8. Sri. Neeradi Laxman, S/o N Ramulu, Aged About 39 years, Occupation. Business, R/o Bhavanipet Village, pO Sangam Bhodhan h/andal, Nizamabad District, Telangana 503206
9. Sri. Neeradi Raju, S/o Neeradi Balaya Aged About 41 years, Occupation. Business, Ryo Bhavanipet Village, pO Sangam, Bhodhan Mandal, Nizamabad District, Telangana 503206
10. Sri. Neeradi Ramulu, S/o Neeradi Saitu Aged About 45 years, Occupation. Govt. Employee, R/o Bhavanipet Village, pO Sangam, Bhodhan Mandal, Nizamabad District, Telangana 503206.
11.Sri. Neeradi Nagesh, S/o Neeradi Gangaram Aged About 40 years, Occupation. Business, R/o Bhavanipet Village, pO Sangam, Bhodhan Mandal, Nizamabad District, Telangana 503206
12.Sri. Begari Anjaiah, S/o Begari Hanmanthu. Aged About 45 years, Occupation. Business, Rl/o Bhavanipet Village, pO Sangam, Bhodhan Mandal Nizamabad District, Telangana 503206 ....RESPONDENTS/RESPONDENT Nos. 2,4to1.1 t Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim order dated:19-03-2025 in W.p.No.8313 ot 2O2S Counsel for the Petitioner: Ms. K. SATHAKARNI Counsel for the Responddnt Nos. 1&3: Gp FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent Nos.2&5: SRI K. PRADEEP REDDY, Counsel for Counsel for Counsel for SC FOR GRAM PANCHAYAT the Respondent No.4: GP FOR REVENUE the Respondent No.6: GP FOR HOME the Respondent Nos. 7to11 : SRt PRAVEEN KUMAR VEERJALA The Court made the following: ORDER THF], HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.83I3 OF 2O2I; ORDER In this Writ Petition, the petitioners are set king a Writ ol Mandamus declaring the inaction on the part of resp< ndents 2 to 4 in preventing the unruthorised and illegal attempts by re:pondents 7 to ll and their associat,:s lrom erecting the statue of Dr. B.t:. Ambedkar and furlher in faiting to demolish the illegally constructe( pillars intended lor erection of thc said statue, without obtaining prior permission from the competent authority, as illegal and arbitrary dnd consequently to declare that no such permission can be granted as it is likely to disrupt communal harnrony and public order in Bhavanipet Vi{lage and to further direct respondents 2 to 4 to take effective stel)s to prevent the unlawful erection of the statue and to pass such other orlcr or ot'ders
2. Brief lacts leading to the filing of the present ,Vrit Petition are that the petitioners are all residents of Bhavanipet r'illage, Bodhan Mandat, Nizamabad District. They submit that there is r Srirama temple in Bhavanipet Viltage and the unofficial respondeut: 7 to ll have l \ \ 2 W.P No.83ll of 2025 attempted to erect the statue of Dr. B.R. Ambedkar in the opcn area near the temple which is actually being used by the villagers for perlorming l religious functions and also marriages, etc. It is submitted that without obtaining any permission from the appropriate authority, rcspondents 7 to ll have constructed pillars and have made an atternpt to erect the statue and the petitioners have made a complaint belore thc Station House Officer, Bodhan and FIR No.70 of 2025 dt.05.03.2025 was registered against them. It is submitted that thereafter, there was a bind- over order against respondents 7 and 1l due to enlorcement olelection code. It is subrnitted that respondents 7 to 1l are now making effbrls to erect the statue in the said site and the petitioners are seeking a Writ of Mandamus declaring the inaction on the pall of offlcial respondents in preventing such erection without prior approval oflthe cornpetenl authority, as illegal and arbitrary.
3. At the time of admission of this Writ Petition on 19.03.2015, this Couft had granted an interim direction to maintain status quo obtaining as on that date with regard to erection of the statue of Dr. B.R. Ambedkar in the subject property. 4 The 5th respondent Gram Panchayat has frled a counter atlldavit Jtating that the villagers of Bhavanipet Village have made a t 3 *.P.No.8313 of 2025 representation belore the Tahsildar, Bodhan on27.02 2025 objecting to erection of Dr. B.R. Ambedkar statue in the premises :)l'the community hatl and that the Tahsildar has addressed a letter to .he Sub-Collector vide letrer d1.05.03.2025 in this regard. lt is also st brnitted that FIR No.70 of 2025 has becn registered against respondent; 7 to I I for their attempt in erecting the statue without valid permission
5. On behall of respondents 7 to ll, a countet'r llldavit has been filed by the 7'r' respondent stating that the 5th espondent Gram Panchayat has passed a resolution on 01.09.2015ibr er:ction of Dr. B.R. Anrbedkar statue and the writ petitioners along with rll other villagers also parlicipated in the resolution. It is submitted thar respondents 7 to t I havc also subrnitted a representation dt.10.03.2025 lor permission to erect thc statuc and that the entire villagers support( cl Lrection of the statue with their signatures. It is submitted that Lord S irama temple has been constructed by the villagers on the other side o'the village. It is stated that permi:;sion from the District Collector is rcquired only when the land is not urrder the control of the Gram Panchay rt. whereas in the present case, the land belongs to the Gram Par cl.rayat and that respondents 7 to 1 I have already submitted a represe rtation before the 1 \ 4 w.P.No.8l ll ol'2015 District Collector by er.rclosing all the documents. A copy of the resolution dt.0 i .09.201 5 is also filed along with the counter affldavit
6. The 3'd respondent has filed a counter affidavit stating that the residents of Bhavanipet have submitted a representation against crcction of the statue and therefore, a general notice was issued to restrain illegal erection of the statue without the permission of the competent authority by displaying the notice on the Gram Panchayat Notice Board
7. Having regard to the rival contentions and the material on lecord, this Court finds.that respondents 7 to Il intended to erect the statue of Dr. B.R. Ambedkar near Srirama temple ln Bhavanipet Village Photoglaphs of the pillars raised by the unofficial respondents are filed at pages 65 and 66 of the writ papers. fhe subject land lppears to be an open area near the ternple and admittedly, it is the land ol- the Glam Panchayat. No statue of whatsoever nature can be erected evcn in the Gram Panchayat land without the permission of the competent authority and without the permission of the concerned Gram Panchayat. ln this case, it is evident that the permission of neither the Gram Panchayat nor the District Collector has been obtained for erecting the statue \l'herefore, the attempt of respondents 7 to I I in raising pillars and also in attempting to erect the statue of Dr. B.R. Ambedkar is without the ?, 5 w.P.No.83l3 of 2025 authority of law as no permission has been grantcrl by the District Collector so lar and also there is an objection from the r, illagers.
8. The respondent authorities are therelore directer I to remove the unauthorised strucl.ures erected by respondents 7 to I I a rd take action in accordance with law.
9. The Writ Pe.ition is accordingly allowed. No ordcr as to costs.
10. Pending mirrcellaneous pctitions, il- any, in rh -s gy';i1 petition including I. A.Nos..] and 4 of 2025 shall stand closed. //TRUE COPY// SD/. AHME) ABDULLAH KHAN T REGISTRAR r\AN IS I i\-. l sEcrroN oFFrcER I To, 1 . The Principal Secretary, Dept of Panchayat Raj and Rrrral Development, Dr. 2. The Mandal Parishad- Development Officer, Bodhan Mandal' Nizamabad B. R. Ambbdkar Telaniana State Secretariat, T.S.,Hyde at:ad -5OOO22 District, Telangana.
3. The District Princhayatraj Officer (DP0), Nizamabad Dls rict, Yellamma Gutta, Kumar Gali, Nizamabad, Telangana 503003
4. The District C,:llector, 0/0 District Collector Nizamabad. 'ellamma Gutta' Tilak Gardens, Kunrar Gali, Nizamabad, Telangana 503003 Bodhan, Nizamabad District, Telangana Bodhan Mandal, Nizamabad District, Telangana 503185
5. The Panchayat Secretary, Bhavanipet Glam Panchayat, Bhavanipet Village' 6. The Statjon House Officer/Officer-in-Charle, Bodhan lural Police Stattion, 7. One CC to Ms. K. SATHAKARNI , Advocate [OPUC] 8. Two CCs to GP FOR PANCHAYAT RAJ RURAL IIEVELOPMENT,High 9. Two CCs to GP FoR REVENUE High Court for the 5 late of Telangana, at 10.Two CCs to GP FOR HOME High Court for the S ate of Telangana, at 1l.One CC toSRI, K, PRADEEP REDDY, SC FOR SRAIVI PANCHAYAT Court for the State of Telangana at Hyderabad [OUT] Hyderabad [OUT] Hyderabad [OUT] loPUcl
12. One CC to SRI PRAVEEN KUIVIAR VEERJALA, Advoc ate [OPUC] '1 3. Two CD Copies BIM HIGH COURT TMD,J DATED:01 10812025 ORDER WP.No.8313 of 2025 ) \-{C, . ..:.:" - :--:\ --\ ..:i-' 'r a''a\., ) i'l . 2 o stP 2025 'i., \ t ALLOWING THE WRIT PETITION WIl HOUT COSTS cgf'a \€c Por^'