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Order Dt 14-02-2019 in PIL No 365 of 2018

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Order Dt 14-02-2019 in PIL No 365 of 2018 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) tour,% & '.V THURSDAY ,THE FOURTEENTH DAY OF FEBRUARY * ) f MAR 2019 ! ^ TWO THOUSAND AND NINETEEN ^tA O.N0.33-26-UO.,. / J I, PRESENT Honourable the acting chief justice c.praveen kuivHL. AND THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION (PIU NO: 365 OF 2018 Between: Y.V. Murali Krishna S/o Late Seetharamaiah Aged 55 years Occ business R/o H.No.9/386-D1 Sharada Residency Shanti nagar, Gudiwada, Krishna District 521301 ... PETITIONER AND 1. The State of Andhra Pradesh,, rep. by its Principal Secretary Municipal Administration and Urban Development Department, Secretariat, at Velagapudi, Amaravathi, Guntur District. 2. The Director of Municipal Administration,, Sri Krishna Enclave, Gorantla, Guntur, Guntur District. 3. The District Collector,, Krishna. 4. The Gudiwada Municipality,, Rep. by its Commissioner, Gudiwada, Krishna District. 5. The Deputy Superintendent of Police,, Gudiwada Division, Gudiwada, Krishna District 6. The Andhra Pradesh, Pollution Control Board, represented by its Member Secretary, Andhra Pradesh. (RR6 is Suo Moto impleaded as per Court Order dated 04/12/2018 in WP. PIL. 365/2018.) ... RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or direction preferably Writ of Mandamus declaring the inaction of the respondents in taking appropriate steps for ensuring that no unauthorized cut outs, flexi boards, banners and posters are displayed on the main roads and main circles and also for immediate removal of the unauthorized flexi boards/cut outs that have been erected within the Gudiwada Municipal limits as illegal, arbitrary and violative of the orders of this Hon'ble High Court in W.P. No.28447/2008 dt.1-6-2015 and consequently direct the respondents to take immediate steps for removal of the unauthorized flexi boards/cut outs. IA NO: 1 OF 2018 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 the respondent nos. 2 to 5 to forthwith remove the unauthorized flexi boards/cut outs that have been erected on the main roads and main circles of Gudiwada Municipality pending disposal of the Writ Petition (PIL) in the interest of Justice. 41- Counsel for the PetitionenSRI. MOHAMMED GAYASUDDIN Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL ADMN. & URBAN DEV. Counsel for the Respondent No. 3: GP FOR REVENUE Counsel for the Respondent No. 4: SRI. NIMMAGADDA VENKATESWARLU, SC FOR MUNICIPALITY Counsel for the Respondent No. 5: GP FOR HOME Counsel for the Respondent No. 6: SRI. RAMACHANDRA RAO GURRAM, SC FOR A.P. POLUTION BOARD The Court made the following: ORDER a. THE HON BLE THE ACTING CHIEF JUSTICE C. PRAVEEN KUMAR AND THE HON BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION (PIL) No.365 OF 2018 ORDER: (Per Hon'ble Sri Justice M. Satyanarayana Murthy) Sri Y.V. Murali Krishna, a public spirited person filed this pro bono litigation under Article 226 of the Constitution of India, to declare the inaction of the respondents in taking appropriate steps for ensuring that no unauthorized cutouts, flexi boards, banners and posters are displayed on the main roads and main circles and immediate removal of the unauthorized flexi boards/cut outs that have been erected within the Gudiwada Municipal limits as illegal and arbitrary and violative of directions issued by the High Court of Judicature at Hyderabad in W.P.No.28447 of 2008 dated 01.06.2015, issue direction to remove such Ilex boards etc. The facts in brief are that, the petitioner is a resident of Gudiwada Town. Krishna District, he alleged that, in the recent past. hundreds of unauthorized flexi boards/banners are being erected on the main roads of Gudiwada Town. It is submitted that the dividers on the main road, main circles and cross roads are being flooded with unauthorized flexi boards and banners purportedly to which celebrities/politicians on their birthday/festival days etc. Recently several flexi boards/banners have mushroomed at the main circles of Gudiwada Town i.e. Koganti Rajababaiah Chowk, Nehru Chowk, Vasavi Chowk. Mudedla Rama Rao Chowk. Market Centre, Gowri Shankar Talkies Centre, Kothi Bomma Centre and Vegetable Market Centre, to convey birthday wishes to the Chairman of the Gudiwada Municipality. It is also contended that, earlier plantations have been 2 HACJ MSM.J WP(PIL)_'365 oP2018 raised on the dividers on the main roads but recently banners have been affixed even to the plants and due to the use of binding wires for tying the banners, the plantation is being destroyed. Immediately, the petitioner submitted a representation dated 23.11.2018 to the Municipal Commissioner, requesting the officers to immediately remove the unauthorized flexi boards, etc., as they are causing inconvenience to the public commuting on the roads and also posing serious traffic hazards. The petitioner protested before the offices of the respondents, in order to sensitize them to remove the flexi boards and also submitted another representation dated 28.11.2018 to the Deputy Superintendent of Police, Gudiwada in this regard and also sent whatsapp messages to the Director, Municipal Administration, but, no positive steps have been taken till date for removal of the same. In W.P.No.28447 of 2008, High Court of Judicature at Hyderabad had taken a serious view of the unregulated erection of unauthorized llexi boards across the two States of Andhra Pradesh and Telangana and had issues specific direction to the authorities to ensure that no unauthorized cutouts, flexi boards, banners and posters are displayed and that, if any complaint is made by any of the citizens in this regard, the authorities are directed to take immediate action for removal of those unauthorized erections. Inspite of the directions issued by the High Court of Judicature at Hyderabad, the respondents remained as mute spectators on account of their patronage with highly placed persons in politics and therefore, inaction ol the respondents is questioned and sought a direction stated supra. •1 3 IIACJ & MSM.J WP(PIL)_365 of 2018 The 4th respondent/Gudiwada Municipality, represented by its Commissioner tiled counter, denying material allegations, inter alia contending that the 4th respondent is taking steps to remove unauthorized llexes/banners erected in the main roads in Gudiwada Municipality and also removed unauthorized cutouts in Gudiwada Munciipality. It is also submitted that, the Municipality initiated action to remove the banners and Ilexes when it noticed that some personnel erected banners and flexes without obtaining permissions from the municipality for birthday celebration function of M.L.A Gudivada and thereafter, removed the banners/Ilexes pursuant to the orders of High Court of Judicature at Hyderabad in W.P.No.28447 of 2018. It is submitted that, banners/llexi boards have been removed at Koganti Rajababaiah Chowk. Nehru Chowk, Vasavi Chowk. Gowri Talkies Centre and the Municipality is initiating action to remove the unauthorized boards/banners/flexes at Mudedla Rama Rao Chowk, Market Centre, Kothi Bomma Centre and Vegetable Market Centre, as the 4[U respondent took action for removal of flexes/banners/cutouts. no further direction need be issued to the respondents and prayed to dismiss the writ petition. The 4th respondent also filed additional counter, contending that, as per the interim order dated 18.12.2018 of the Court in W.P.(PIL) No.365 of 2018. the 4th respondent submitted a report to the Chairman, Mandal Legal Services Authority-cum-XI Additional District & Sessions Judge, Gudivada listing 25 flexi boards/banners and posters on the main roads within the limits of Gudivada Municipality. Basing on the above report, this Court directed the Sub- Divisional Police Officer, Gudivada to remove the flexis in the centres mentioned above and report compliance by 21.12.2018. Accordingly. 4 HACJ & MSM.J WP(PIU 365 ol 2018 three teams were formed to remove the unauthorized advertisement boards, posters, banners and flexis and the three teams removed 309 unauthorized advertisement boards, posters, banners and flexis in total, at various places of Gudivada Municipality. It is submitted by the 4ll‘ respondent in the additional counter that, when the 4Ul respondent removed the unauthorized advertisement boards, posters, banners and flexis and also proposed to take action against the persons responsible for erection of those unauthorized advertisement boards, posters, banners and flexis in contravention of the Rules. Photographs pertaining to removal of unauthorized advertisement boards, posters, banners and flexis, debris and solid waste are filed along with the additional counter. Copy of proceedings of the Municipal Commissioner, Gudivada dated 19.12.2018 and press note are also annexed to the counter affidavit. The petitioner filed reply to the counter & additional affidavit reiterating the interim orders passed by the High Court of Judicature on 18.12.2018, directing the 4th respondent and its officials to get the list of details of all authorized and unauthorized flexis or any advertisement, banners etc, erected in the town and further directed to remove all the unauthorized ones and file compliance of their actions taken by them on 21.12.2018, as such, the 4th respondent filed additional counter on 27.12.2018 with details of action taken by them
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