VEMA CHINA KOTESWARA RAO versus DISTRICT COLLECTOR AND ORS.

VEMA CHINA KOTESWARA RAO versus DISTRICT COLLECTOR AND ORS.

The decision to install the statue was in accordance with Clause 4 of GOMs No. 55, Transport, R&B, (R-1) Department, dated 8.4.2003, which superseded the earlier order. Judicial restraint must be exercised regarding administrative decisions; the High Court rightly dismissed the writ petition and the appeal must also...

Source-derived case information.

Parties
Appellant: Vema China Koteswara Rao; Respondents: District Collector and Ors.
Jurisdiction
India
Judgment Date
15 February 2007
Procedural Posture
Civil Appeal / Supreme Court Final Decision
Outcome
Appeal dismissed
Legal Topics
Judicial Restraint, Government Orders, Installation of Statues on Public Property
Administrative Law Judicial Restraint Government Orders Installation of Statues on Public Property

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Parties

Vema China Koteswara Rao

Appellant

District Collector and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Decision

Legal Issues

  1. 1 Whether the installation of the statue is contrary to Government Order Ms No. 393 dated 13.6.2000 and whether the subsequent Government Order Ms No. 55 dated 8.4.2003 authorizes such installation

Ratio Decidendi

The decision to install the statue was in accordance with Clause 4 of GOMs No. 55, Transport, R&B, (R-1) Department, dated 8.4.2003, which superseded the earlier order. Judicial restraint must be exercised regarding administrative decisions; the High Court rightly dismissed the writ petition and the appeal must also be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed