Andhra Pradesh High Court - Amravati
Madhineni Murali vs The State Of Andhra Pradesh on 11 October, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.32933 of 2022
ORDER:-
This Writ Petition for mandamus is filed to declare the action of respondent 5 - Inspector of Police, Kalyandurgam Urban Police Station, Anantapur District, in rejecting permission to the petitioners to hold relay hunger strike near T circle of Kalyandurgam by his order, dated 29.09.2022, as illegal and arbitrary and consequently sought direction to respondents 3 to 5 to grant permission to the petitioners to hold relay hunger strike for five days from 01.10.2022 to 05.10.2022 or on any other dates in the month of October, 2022.
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for the respondents.
The 1st petitioner is the President of Telugu Desham Party of Kalyandurgam Town in Anantapur District. The 2nd petitioner is the In-charge of Kalandurgam constituency of Telugu Desham Party. Recently, the Government of Andhra Pradesh has taken a policy decision to change the name of N.T.R Health University and rename it as Y.S.R Health University. Therefore, the petitioners, who got grievance in this regard, intend to stage dharna and to hold a relay hunger strike to protest against the 2 decision of the Government of Andhra Pradesh in renaming the Health University as stated supra. Therefore, it is stated that the petitioners have submitted a representation, dated 28.09.2022, to respondent 4 requesting him to grant permission to them to hold relay hunger strike and to grant permission to use the mike for a period of five days from 29.09.2022 to 03.10.2022. The said request was rejected by the impugned order, dated 29.09.2022. The said request was rejected on the ground that Section 30 and 30(A) of the Police Act,1861, is in force till 30.09.2022 and also on the ground that there is possibility of clashes between two groups of T.D.P. followers. The said request was also rejected on the ground that there is possibility of huge public gathering in view of Dasara Navaratri festival during the said period and law and order problem may arise and public peace and tranquility may also be disturbed if such permission is granted to the petitioners.
Aggrieved by the impugned order in rejecting the permission as sought for by the petitioners, the instant Writ Petition has been filed to declare the said action of the 5th respondent in rejecting the said request by the impugned order as illegal and consequently sought direction to them to accord permission to the petitioners to hold relay hunger strike 3 from 01.10.2022 to 05.10.2022 or on any other dates during the month of October, 2022.
Learned Assistant Government Pleader for Home would submit that as the petitioners sought permission to hold relay hunger strike from 01.10.2022 to 05.10.2022 and as the said period is now completed that this Writ Petition becomes infructuous. He would further submit that there are clashes between two rival groups of the same T.D.P party and as there is possibility of causing disturbance to the public peace and tranquility if any such permission is accorded. He would also submit that in view of the Dasara Navaratri festival that the said permission was rejected. Therefore, he would pray for dismissal of the Writ Petition.
Learned counsel for the petitioners would submit that the petitioners have clearly stated in the Writ Petition to grant permission to hold relay hunger strike not only from 01.10.2022 to 05.10.2022 but on any other dates in the month of October, 2022. Therefore, he would submit that the Writ Petition has not become infructuous. He would further submit that right to peacefully protest against the decisions taken by the State Government is the valuable right of the petitioners as citizens of this country and they are entitled to hold relay hunger strike peacefully to ventilate their grievance relating to the change of 4 name of the Health University. He would further submit that as Dasara Navaratri festival is now completed that there is no possibility of causing any disturbance to the public peace and tranquility. So, he would pray to accord permission to hold relay hunger strike.
As already noticed supra, as can be seen from the impugned order, the permission to hold relay hunger strike as sought for by the petitioners was rejected mainly on the ground that in view of the ensuing Dasara Navaratri festival that Section 30 and 30(A) of the Police Act, 1861, was in force and as there is possibility of disturbing the public peace and tranquility during the said festival season that the permission was rejected to the petitioners. Dasara Navaratri festival is now completed. Therefore, the said situation is not now existing.
So, in the said facts and circumstances of the case, this Court is of the considered view that this Writ Petition can be disposed of with a direction to the petitioners to file fresh application seeking permission to hold a peaceful hunger strike before respondents 4 and 5 by giving specific dates and with a further direction to respondents 4 and 5 to consider the same and pass appropriate orders on it within two days from the date of receiving the said application.
5
Therefore, the Writ Petition is disposed of with a direction to the petitioners to file application afresh before respondents 4 and 5 within two days from the date of this order i.e., on or before 05.00 p.m., on 13.10.2022. After the said application is filed, respondents 4 and 5 are directed to pass appropriate order on it within two days from the date of receipt of the said application, in accordance with law. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 11.10.2022 Note: Issue CC by 12.10.2022 B/o AKN 6 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No. 32933 of 2022 Date: 11-10-2022 AKN