JUDGEMENT
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(1.) The petitioner has come up praying for a mandamus that the petitioner be permitted on behalf of the Baba Sahab Bheemrao Ambedkar Sewa Society to install statue inside the area reserved as Ambedkar Park.
(2.) The petitioner had earlier approached this Court by filing Writ Petition No. 9752 (MB) of 2015 that was dismissed with observations as recorded therein. The same is extracted hereinunder:
"The petitioner claims himself to be an office-bearer of Baba Sahab Bheemrao Ambedkar Sewa Samiti, Roora Sultanpur, Mudia Poojagawa, District Lakheempur Kheree.
The petitioner has come up for a direction to decide his representation in relation to replacement and re-installation of a Statue of Late Baba Sahab Bheemrao Ambedkar as it has been damaged/stolen.
Admittedly, the land over which such installation is sought, is within the control and management of Gaon Sabha and is, therefore, subject to such proceedings as are contemplated under the U.P. Panchayat Raj Act read with the provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950. The power, therefore, to grant permission to install any idol or bring about any change within the Park is exclusively with the Gaon Sabha.
The petitioner is a private person. If he desires any change/improvement, he can offer his services to the Gaon Sabha and it is open to the Gaon Sabha to consider the same and take an appropriate decision.
We are not inclined to interfere without prejudice to the rights of the Gaon Sabha to take a decision in the matter.
With the aforesaid observations, the writ petition is dismissed."
(3.) The petitioner contends that the Pradhan of the Gaon Sabha has extended his permission to the same.;
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