Y V MURALI KRISHNA Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-2-8
HIGH COURT OF ANDHRA PRADESH
Decided on February 14,2019

Y V Murali Krishna Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents




JUDGEMENT

M.Satyanarayana Murthy - (1.)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 flex boards etc.
(2.)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 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.
(3.)In W.P.No.28447 of 2008, High Court of Judicature at Hyderabad had taken a serious view of the unregulated erection of unauthorized flexi 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 of the respondents is questioned and sought a direction stated supra.
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