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Andhra High Court · body

2021 DIGILAW 244 (AP)

Mandem Abubakar, S/o M. Abdul Sattar v. G. K. Dwivedi, Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh

2021-04-06

ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR

body2021
ORDER : 1. This contempt case is filed alleging that directions of this Court in W.P. (PIL) Nos.177 of 2019 & 18 of 2020 for removal of colours, painted similar to the colours of flags of the parties or the party offices, by use of public money, on the panchayat buildings, have not been complied with. 2. It is to be stated that the respondent No.1 has filed affidavit stating as follows : “3. It is most respectfully submitted that, in order to comply with the orders of this Hon’ble Court in WP (PIL) No.177 of 2019 and 18/2020, dated : 10.03.2020 and the orders of this Hon’ble Court dated : 22.05.2020 in WP (PIL) No.110 of 2020, the Respondent No.1 (Principal Secretary to Government, PR&RD Dept., A.P. Secretariat, Velagapudi, Amaravathi), after competent approvals, vide Memo No.PRR01-PROPPAN (MISC)/192/2019, Dated : 27.06.2020 has issued directions to the Respondent No.03 (the Commissioner, PR&RD, A.P., Guntur) and the Engineer-in-Chief, Panchayat Raj, Vijayawada, to remove the colours painted on the Gram Panchayat Buildings within the time stipulated in the orders of the Hon’ble Supreme Court dated : 03.06.2020 in Civil Appeal No(s).2492 of 2020 @ SLP(Civil) No.6849/2020) and to repaint the Gram Panchayat Buildings with off-white Colour on the top and Terra Cotta colour at the bottom of the buildings with 2 ½ feet height from the ground with border design of 8 inches width on the top of the Terra cotta Colour with distinctive features of Rural/Tribal/Rangoli painting and furnish the compliance report accordingly. 4. It is further respectfully submitted that, consequently, the Respondent No.03 (the Commissioner, PR&RD, A.P., Guntur) vide Memo. No.1132675/CPR&RD/D1/2020, Dated : 27.06.2020 has issued directions to all the District Panchayat Officers in the State, to take immediate action for removal of the colours painted on the Gram Panchayat Buildings by 30.06.2020 and also repaint the Gram Panchayat Buildings, as instructed by the Government and submit compliance report within a week without fail. 5. It is further respectfully submitted that in response to the Govt. Memo.27-06-2020, the Commissioner, Panchayat Raj & Rural Development in Lr.No.11326/CPR&RD/D1/2020, dated 29.6.2020 has reported through his submission to the Govt., that all the District Panchayat Officers in the state have submitted their compliance reports duly stating that the existing colours painted on Gram Panchayat Buildings/Sachivalayams have been removed and action is being taken to repaint the buildings as per the instructions of the Government. As per the report of Commissioner, Panchayat Raj & Rural Development the colours which were painted earlier on 11,357 Gram Panchayat/Village Secretariat buildings in all 13 districts, are removed in compliance of orders of Hon’ble High Court of A.P. and Hon’ble Supreme Court. The report of Commissioner, PR&RD includes the report of the District Panchayat Officer of YSR District, Kadapa, which expressively states that all the 633 village Secretariat Buildings of YSR District, Kadapa which are coloured earlier are removed and repainted as per the directions. 8. It is respectfully submitted that, the contention of the petitioner that, (i) the Respondents are not inclined to remove the paintings of the colours on Government Buildings/Panchayat Buildings which are akin to the colours of the political parties and (ii) the Government Buildings were painted with colours Blue, White and Green and the said paints were not removed till today, as such, the action of the Government is gross violation of the orders of the Hon’ble High Court of A.P. and also Hon’ble Supreme Court of India, is utterly false and baseless allegation.” 3. Respondent No.3 also filed affidavit, wherein at paragraph Nos.3, 4 and 5 it is stated as follows : “3. It is most respectfully submitted that, in order to comply with the orders of this Hon’ble Court in WP (PIL) No. 177 of 2019 and 18/2020 dated 10.03.2020 and the orders of this Hon’ble Court dated 22.05.2020 in WP (PIL) No. 110 of 2020, the Respondent No. 1 (Principal Secretary to Government, PR&RD Dept., AP Secretariat, Velagapudi, Amaravathi) vide Memo No. PRR01-PROPPAN (MISC)/192/2019, dated 27.06.2020 has issued directions to the Respondent No. 3 (the Commissioner, PR&RD, A.P. Guntur) and the Engineer-in-Chief, Panchayat Raj, Vijayawada, to remove the colours painted on the Gram Panchayat Buildings within the time stipulated in the orders of the Hon’ble Supreme Court dated 03.06.2020 in Civil Appeal No (s) 2492 of 2020 @ SLP (Civil) No. 6849/2020) and to repaint the Gram Panchayat Buildings with Offwhite Colour on the top and Terra cotta colour at the bottom of the buildings with 2 ½ feet height from the ground with border design of 8 inches width on the top of the Terra cotta Colour with distinctive features of Rural/Tribal/Rangoli painting and furnish the compliance report accordingly. 4. 4. It is further respectfully submitted that, consequently, the Respondent No. 3 (the Commissioner, PR&RD, A.P., Guntur) vide Memo No. 1132675/CPR&RD/D1/2020, dated 27.06.2020 has issued directions to all the District Panchayat Officers in the State, to take immediate action for removal of the colours painted on the Gram Panchayat Buildings by 30.06.2020 and also repaint the Gram Panchayat Buildings, as instructed by the Government and submit compliance report within a week without fail. 5. It is further respectfully submitted that in response to the Government Memo dated 27.06.2020, the Commissioner, Panchayat Raj & Rural Development in Lr. No. 113126/CPR&RD/D1/2020, dated 29.06.2020 has reported through his submission to the Government that all that District Panchayat Officers in the State have submitted their compliance reports duly stating that the existing colours painted on Gram Panchayat Buildings/Sachivalayams have been removed and action is being taken to repaint the buildings as per the instructions of the Government. As per the report of Commissioner, Panchayat Raj & Rural Development the colours which were painted earlier on 11,357 Gram Panchayat / Village Secretariat buildings in all 13 district, are removed in compliance of orders of Hon’ble High Court of A.P. and Hon’ble Supreme Court. The report of Commissioner, PR&RD includes the report of the District Panchayat Officer of YSR District Kadapa, which expressively states that all the 633 Village Secretariat Buildings of YSR District, Kadapa which are coloured earlier are removed and repainted as per the directions. 4. Respondent No.5 has also filed an affidavit wherein at paragraph No.6 it is stated as follows : “The 5 th respondent submitted that accordingly the D.E. of Rajampet Municipality has removed the previous colours and changed it with a white wash of all Government/Sachivalayam buildings covered under Rajampet Municipality. The Photos in this regard are submitted herewith.” 5. Respondent No.4 also filed an affidavit wherein at paragraph Nos.6, 7 and 12 it is stated as follows : “6. It is submitted that, in pursuance of the said orders all the 633 Village Secretariat Buildings are re-painted in YSR District. Now, there is no single Village Secretariat/Gram Panchayat Building with the disputed colours of Blue, Green and White in YSR District. Hence, there is no violation of the orders of the Hon’ble High Court of A.P. and Hon’ble Supreme Court of India. 7. Now, there is no single Village Secretariat/Gram Panchayat Building with the disputed colours of Blue, Green and White in YSR District. Hence, there is no violation of the orders of the Hon’ble High Court of A.P. and Hon’ble Supreme Court of India. 7. It is submitted that, it is very pertinent to submit here that, all the Village Secretariat Buildings/Gram Panchayat Buildings existing in Gram Panchayats/Rural Areas, which come under the jurisdiction/purview of the Respondents Nos.1, 3 & 4 are repainted, in pursuance of the directions of the Hon’ble High Court of A.P., and Hon’ble Supreme Court of India. 12. In reply to Para No.08 of the affidavit, it is submitted that, as submitted above, the Respondents Nos.1 to 4 have strictly implemented the orders of the Hon’ble High Court of A.P. and also Hon’ble Supreme Court of India and they have not neglected their legitimate duties, as contended by the petitioner.” 6. In view of the above averments, which are not disputed, we are of the opinion that the Contempt Case need not be pursued any further and accordingly the same is closed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.