K THIMMA REDDY Vs. CHIEF SECY
LAWS(APH)-2019-9-29
HIGH COURT OF ANDHRA PRADESH
Decided on September 05,2019

K Thimma Reddy Appellant
VERSUS
Chief Secy Respondents




JUDGEMENT

M.Satyanarayana Murthy, J. - (1.)W.P.(Pil) No.173 of 2016 is filed byLP Prof.(Retd) K.Thimma Reddy, L.Rani Sarma Emani and Dr.Sarada Channapragada. The second petitioner in W.P(PIL).173 of 2016 also filed the other Writ Petition (PIL) No.64 of 2019. The respondents 1 to 8 in both the writ petitions are common. Whereas the 9th respondent in W.P(PIL)173 of 2016 is the Film Nagar Cultural Centre (FNCC), Visakhapatnam. During the pendency of the Writ Petition, respondent Nos.10 and 11 are impleaded by suo-motu order dated 04.12.2018. However, the issue involved in both the writ petitions is identical, we are of the view that it is appropriate to dispose of both the writ petitions by a common order.
(2.)The three petitioners, including the sole petitioner in W.P.No.64 of 2019, filed W.P.PIL.No.173 of 2016 claiming writ of mandamus declaring the action of the respondents/1 to 8 in alienating the land in and around the archaeological site of Buddhist complex at Thotlakonda, Bheemunipatnam Mandal, Visakhapatnam District as illegal, unconstitutional and consequently set-aside the G.O.Ms.No.282 dated 05.07.2016 issued by the first respondent while holding that no activity can be permitted effecting the sensitive ecological zone and hills and the area of archaeology site as notified in G.O.Rt.No.627 dated 02.05.1978 while directing the respondent Nos.1 to 8 to take up further scientific excavation, study around Thotlakonda archaeological site for its preservation for posterity.
(3.)Whereas W.P.No.64 of 2019 is filed by the second petitioner in the other Writ Petition, claiming an identical relief of mandamus declaring the action of the respondent/authorities in permitting construction activity in and round the archaeological site of Buddhist complex at Thotlakonda, Bheemunipatmnam Mandal, Visakhapatnam District notified in G.O.Rt.No.627 dated 02.05.1978 as illegal, unconstitutional and consequently set-aside the Lr.No.H/20/201/18/2018 dated 17.07.2018 issued by the third respondent while holding that no construction activity be permitted effecting the sensitive ecological zone and hills and the area of archaeology site as notified in G.O.Rt.No.627 while directing the respondents to take up further scientific excavation, study around Thotlakonda archaeological site for its preservation for posterity.
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