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Andhra Pradesh High Court - Amravati

Kanumuri Raghurama Krishna Raju, vs The State Of Andhra Pradesh on 2 July, 2022

Author: Cheekat! Manavendranath Roy

Bench: Cheekat! Manavendranath Roy

ee
Sars
s .

NS
. s
We

 

(Special Onginal Jurisdiction}

SATURDAY, THE SECOND DAY OF JULY
TYAS THOUSAND AND TWENTY TYO

PRESENT
THE HON'BLE SRI JUSTICE CHEEKAT! MANAVENDRANATH ROY

: WRIT PETITION NO: (8897 OF 2022
Setvean:

Kanumurt Raghurama Krishna Raju, Sin Sri K V S Suryanarayana Rain,
Aged about 50 years, Occ: Member of Parliament, Rin. 4858/1 Bilock-4 A
Bhimaveram Akividu Mandal, West Godavari Distiet Andhra Pradesh.
H3d235 Currently residing at Plot No. 18, New MP Villas New Surngalows,
North Avenue, Raisina Hiis New Delhi 11O0C1. .

Petitioner
AND

sweche

The State of Andhra Pradesh, .Rep. by iis Chief Secretary, Government of
Andhra Pradesh, 1" Bieck/{" Floor, Interim Government Coamoex, AP
Secrelariat Office, Velagapudi, Guntur District, Andhra Praciash-S2@2237,
&. The Collector and District Magistrate, West Gadavari District, Collector
| Office, Shimavaram, Andhra Praclash-S34201.
3. The Superintendent of Police, West Godavari District, District Police Oise,
Bhimavaram, Andhra Pradeagh-ASd3014,

. Respondents

Petition under Article 22S of the Constitution of India praying that in the
circumstances stated in the affidavit fled therewith, the High Court may be
Pleased 6 issue an appropriate writ, order or directian more particularly one
im the nature of Writ of Mandamus directing Respondents Specifically
Respondent No. 2 to provide requisite Sermissions to the petitioner for
landing the Helicopter af SRKR Engineering College, Bhimavaram or Deshi
Public School, Bhimavaram, West tsodavan District, Andhra. Pradesh on
06.07 2022 af 9.00 AM fo attend the 125" Sirth Anniversary celebrations of
the legendary freedom fighter Sr Allori Sestha Rama Raju io be Neld in the
presence of the Hon'ble Prime Minister of India:

Counsel for the Petitioner: SRI UMESH CHANDRA PYG
Counsel for the Respondent Nos.1 & 2: GP FOR GENERAL ADMINISTRATION
Counsel for the Respondent No.3: GP POR HOME

The Court made the folowing:

 

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THE HON'RLE SRI JUSTICE CHEERATI MAN AVENDRANATH ROY
Writ Petition No [88e7 of 2022

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the letter of the Principal

 

Ben ty AMAT " » 2 4
SHINO OXPYESs Sing B
=

* 4

leme the hel

era IOAILeP ¢ of
x

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OY

Ss. Nov, the grisvance

respormdent District Ca

 

regard ¢

  

hehcopter in the saicl

a, a

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ch

respormient fo permit him to

£

4

premises of SRAER Engineering Ce

 

premises of Delhi Public School, Shimavar
3.00 A.M. to enable him to attend the

Celebration of

legendary freedom fighter
Ragu.
¥. Learned Government Pleader

Government Pleader and learned Gove

for respondents 1

RA

ould subrmit that as the les,

per

 

petitioner has to proardume the

g their willingriess to

>

 

mc no orders are issued either perm iting him fo land h

hehecopter

 

rument Pleader
vithy opposed the

xy oe gh
which are

 

4

Delhi Public

their premises to

wer ois that the Gre

> any deoision in this

ste
Me

premises or rejecting the same.

Bod

ction tao the

either in the

the

BRhimavaram or in

on O47 2OO?

 

aan,

Birth Annive

park

Alluri Seethea Rama

for Home and learned Special

APPea Ee

a
wt
wet
aw
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re
in
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ret

 

Previn

have subse withdrawn the oc

4 NOS GS . oy Sa yey oy
OL O7 2022 stating

 

msent

Wilimgmess thai they

as per letter dateci

x that there are electrical high tension wires and

vote na Ane MeCN

 
 

 

Le .Y soos be at }. NERY * oy : - sy pe ah te eye pee eg bes bes oro
SEATING rink at the premises and aa auch, it is net possible to
permit the petiiiumer to land the hehcopter im their premises.

They would alsa submit that the owners of the SRKR Engineering

 

'college, Bhuirmavarar did mot give any letter expressing thelr

wilhrigness to permit the petitioner to land his helicegter in their
premises. Therefore, they would submit that when the owners of
thie said two premises did not give canesnt te permit the petitioner
to land his helicopter in their premises that the 2°¢ respondent
Puetrict Callector, cannot acoord amy permission toe the petitioner
ta land his hehcopter in the said two premises as sought for by the

petitioner. Therefore, t they prayed to cismiss the Writ Petition.

Frans

t

bo as mot disputed before this Court that T25'. Birth
Anniversary Celebration of legendary freedom fighter Sri Alburt
seetha Rarna Rapa are being celebrated om O¢.O7 2OR2 at
Bhimavaram, Admittedly, the petitiorier is the Member af
Parliament of the Narsapuram Lok Sabha Cornstituency. The
record reveals that he has addressed a letter dated 1736. 2022 toa
the 28¢ respondent District Collector; seeking permission to land
his helicopter in the private premises of SHER Engineering
College, Bhimaveramr and another letter seeking permission to
land his helicopter m the premises of Delhi Pubhe School,

Bhimavaram. After recetpt of the said fwao iIetters, the District

Callector kas called for the feasibiliny report from the cancerned

 

authoritics as per her letter dated 18.06.2029. it is stated that

the concerned officer of the Roads and Bulidings Department has

 

submitted a letter te the 20¢ respondent District Collector stating

 

 
 

 

 

WUPLNO. TSS a8 a

to land his helicopter

-Ollese, Bhimavaram,

pee)

 

ged Tas peace, . thse d peed eso ee PRAANe a one byes se relir :
» fis 2 respondent dic moat pass any order either according

perrission to the petitioner to land his helicopter either in the

ey

premises of the SRKR Enginecring Colle Bhimavarar or in the

 

premises of the Delhi Public School, Bhimavaram or rejecting the
samc, Til now no order hes been passed by the 2e4 reapondent.
The 29¢ respondent ought to heave passed an appropriate order

ether according permission to the petitiener or rejecting the

permission to the petitioner. No reascns are assigned before thi

GH

Court as to why no such order was passed till now on the said

represeritatians made by the petitioner, who is a Mernber of

x

Parhament. Therefore, there are clear laches and inactian an the

part of the 25° respondent District Collector in not disposing of the

said written request im either:

 

&, On aceccunt of the said inaction on the part of the @n<
resporident District Collectar, the petitioner is ristrained to
approach this Court by way of Alling this Writ Petition seeking

iQ. Now the question is whether the petitioner is entitled for a

cirection to the 24 respendent [Netriet Collector to permit him to

land the helicap ster either in the premises of SRER En Wirieer mg

College, Rhimruivaram or in the premises of Delhi Public School,

Ehivmavaram or mot. [tis not disputed before this Court that as

per Rul swriers of the

es i vogue that wilingress/consent of the

bened

ry
y

said two private premises ic. SRKR Eneineering College and Delhi
oo as

bee

Ne
 

oa

 

 

Pubhe School, Bhimavaram, is required to permit the petitioner te
land his private helicopter in thelr premises. Admittedly, moa such

willingness letter fram the owner of the SRKR Engineering College,

Bhimavaram is produced by the petitioner either before the @ni

 

respondent District Collector or before this Court. The srefore, rio
Such permission can be accorded to the petitioner to land his

helicopter im the premises of the SRKR Engineering Colleges,

BShimavaram, Although, the concerned authority of the Raads and

 

Buudings Department has Siven report statine thal it is mat

SMR ye

feasthie to land the helicopter in the premises of the SRK

Engineering College, Bhimavaram, it Fappesrse to be & cryptic report

   

PO BSQMS 28 TG Wiry PL iS mat fessib

as itis absolutely devoid of ;
fo land the helicopter in the premises of the said SREKR

Engineering College, Bhimavaram. However, as the petitioner

faded to produce any letter expressing willingness of the owner of

the said SRER Engineering College, no permission can be given to

{

the petitioner er no direction can be given to the @e¢ respondent

Qustrict Collector to accord permission to the petitioner to land his

helicopter in the premises of SRER Engineering Collere,

Shimavaram.
ii, Se fer as the premises of the Delhi Public Scho,

'

Bhimavaram is concerned, eventhough, the Principal and Vice

2

Chairman of the sail School has initially given letter dated

25.06.2022 addressed to the Zt resnendent District Colleotor

stating that considerir quest made by the petitioner, the

 

x ory

Member of Farhament, that they have no objection in offering their

 
 

 

 

esace in the School for the safe landing of the helicopter as they
have guffidient space in their School, subseq uertiy, they

~%

addressed another letter dated Ol. Gui respondent,

 

which is now glaced on record by the lear ned Special Government

Pleader appearing for the

 

g that the School

t
3

ground is covered with ,wires and skating rink

 

and as such, they have to cancel the no oblection letter dated

   

for landing the helicopter of the
Viewer ~ eh Thee eile ey cin Tha gaye fries: ab tm 2% + ¢ x
Member of Parliament. Therefore, it is mow evident that even the

£ Daade die ~ Wome -- 3
i Public Snhool has revoked

  

206 2003. Therefore,

when there is no willingness given by owners of the said two

pods

premises viz., SHEE <o, Bhimavaram, and Delh

Trablic School, Ehimave oeruission oan be accarded

to the petitions:

"7
%y
wes

+

oo
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or.
ve
wd
be
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wn
cas
oe
23
ae
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w
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&

 

Although, the learned counse) for the petiticner stated that they

are forcihiv made to revoke their comsent, the said issue carmot be

 

gone into in this

requires evidence to record a Nncarg OF it. Therefore, in the sain

o

 

facts ari ach CUP CLUTISTAMICES

 

direction as scught
Collector can be insucd tc

idioner to land his private helicopter

 

rgincering College, Bhiriavaram

or in the premises of Delhi Pu bHe Scheal, Shimavarami.

12. Learned counsel for the petiticner wi ould submit that

oor
poet

+e

om.
ne
%

petitioner intercis to travel by helicopter only on account ot

at

a.

 
 

 

threat which he got from the members of the YSR Congreas Party
aS some posts are made in Social Media by the Mernber of Rajya

Sabha Sri Vuayasai Reddy.

iS. tna this regard, it is to be noted that the petitioner has

approached this Ceurt with the same grievance in W.UP.No.L&is2

'

ge 5
of 202°

2 fled before this Court seeking security and other reliefs
The said Writ Petition was disposed of by this Court as per order

et

or,
net!
feveh

OF

O22, As "S FPhuis" categury security was alrearly

wd

Che
5
a
Lh

provided to the petitioner by the Union of India during his visit to

Bhimavaram, this Court has declined te order ary protection from

»
we
a
meek
a?
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poe
peee
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er,
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ae
yt
ten
B

State Government. Learned counsel for

"3
te
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best,
ent.
ot
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we
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bos

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bt
ore

th
ee

fim view of the fact

that "2 Plus' category security was provided to the petihaner by

frrey

the Union of inedia.

i4. As regards the protection sought for from taking any
coercive stems in the crimes that were already registered agair
the petitioner aise, this Court clearly held in the order dateri

O17 2022 passed in the said Writ Petition that as protectian

o

either by way of staying further investigation or by way of:

oh
foods
ee
ch
es
ea
bee
rs
Fe

the police not to take any coercive steps against the petitioner was
already given in all pending crimes that ne direction is required to
be given again to the police not ta take any coercive steps against
him. However, in view of his apprehension expressed that he may
be implicated in fresh crimes to wreak vengeance against him, this
Court has directed the police that in case any fresh crimes are

registered agsinet him, fo follow due proceas of law. Therefore, in

  
 

 

Q

WD Na LEROY

 

tek
a
o

the said facts and elrcurmstances of the case, this Court is of th

 

ig reryuired to be giver in

oS

1S. However, before party Ve with the matter, there is ane issue
which needs to be considered. Learned counsel for the pe titioner
would subrniit that as the Court has now declined to direct the 2c
respondent [Metrict Collector to accord permission to the

petitioner to land his helicopter in the premises of the said two

ei

"ee

educational institutiens for the reasans stated supra, it is now
imevitable Jor the petitioner to uridertake road journey Perey
Gannavaram Airport te Bhimavaram fo at tend the said
celebrations, Therefere, he would submit that there is possibi uty
ef gore untoward incidents taking place om his way ta

Bhimavaram by sorme unruly clerments in the present situation

he

sa, he would pray te direct the 4" respondent Superintendent of

 

Police st respondernt State fo see that ne untoward

perks

neident takes place on his way to Rrmavaram.

Learned Government Pleader-l for Homie appearing for the

ped
wy,
tet
ypnnd,

4

ist respondent State would submit that the said request of the
petitioner is beyond the scope af this Writ Petition. He would
submit that as no such prayer is made in the Writ Petition, the

: et t . * = 3
Same camer be corisicierec.

 

s aayr aed fre ce bdei aay verserte$d arahendt fhat the
iF. Learned ccurnsel for petitioner would submit that the

end loan ear Tiees waweptrare fe, tive: Pata TS eres oO _ - -
petitioner has prayed im the Writ Petition to pass such order or

arders as this Hon'ble Court may deem fii and proper in the
 

 

interest of fustice and conside

 

ame, the Oourt can pass
appropriate order as if deems fit in the facts and circumstances of

the case.

i8, The said cavil raised by the learned Government Pleader-]

f this Court, is devaid of merit.

ore,
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itis well settled law that the power of this Court under Article G26

wine ay

of the Constitution of India in issuing mandamus is plenary in

nature and if is riot circumscribed by any Himit. Writ of

ie

ic law rem dy. So, iLis within the

of its extra-ordinary writ

 

 

appropriate order to render substantial justice to the party

depending upon the facts and circumstances of the case, So,
whan the situation demands and warrants, it is within the
competence of this Court to pass appropriate order in the given
facts and circumstances of the case. More particularly, as the
petihoner haa prayed in the Writ Petition te pass such order or
other orders as this Hon'ble Court n nay deem fit ane proper in the
tierest of fuetice, considering the said strong apprehensicn
expressed by the petitioner, this Court can pass appropriate order

hed

to that effect.

iG. Memtenance of law and order is the State sub

«

Beets preny . na meen ibe tye cet otiaéer ane it
tate cannot shun or abdicate its sovereign function, duty and its

f

one

respansitility to maintain law arid order on the ground that the °Z

r

Phis" category sec ided to the petitioner by the Union

 

¥ }y si is "hs & weged spercpapibys ota te erpeygheet oot ky go PS COPE ST . f ides gon
oH RPA. GPG SAE BSeCUPIDY 16 To protect cre Person, OP EMS
 

 

petiiioner, Nevertheless, itis the duty of the State to maintain law

and order within iis territory and fo see mo untoward incidents

ofthe petiiioner from Garnnavaram

  
  
  

that "2 Phas" category
his Court
person of
direct the
State and the concerned Palice to take care of the law and order

+
te

Tare

silustion and to prevent the untoward incider

 

wlace in the given facts and circumstances of the case.

Considering the pleadings in the Writ Petition and the
aporehension and grievance af the writ petitioner, while taking 4
holistic view of the matter, the Court can pass appropriate order

or issue direction to the State and its instrurmentalities, as the

 

Court deems Ai arid in the given facts and

FeAgN + af +i oe
cireuristances of the case.

    

aoe,
Nea

 

4

23, Se, m vie

whee Ore emcees MDa aero hae ere ef Ballas . mye ow wen gre ayy
the oO respondent Superintendent of Poahece has ta take necessary

x

steps tO sce that mo uritoward incident takes place during the visit
of the petitioner, who is the Member of Parliament, to
Bhimavarari im cemrnestion with the said celebrations on

4 OF 20!

 

The Is respondent State shall aise ensure that ric

law and order problern is created during his visit to the said
 

YY
FON TBS a7 of:

  
 

celebrations throughout, enroute his journey from Gennavaram

Airport to Bhimavaram and back ta C; anmavaram Airport.

wrt

aio With the ahove directions, the Writ Petition is disposed of,

Phe misecllameous petitiens pending, 1 any, shall also stand

ad/- ML SHANKAR REODY

For ASSISTANT REGISTRAR
UIRGE C CEP YH! oP f

 

SECTION OFFICER

 

Ta,

1. The Chief S Secret ary, State of And fra Pradesh, Govern ment of Andhra
Pradesh, 1° Blonk/4®' Fy ioor, Interim Government Camplex, A.P Secretariat
Office, Velagapudi, Guntur Disti cl Andhra Pradesh-S2e237,

4. The Collector and (istrict Magistrate, West Godavari District, Collector

Office, Bhirnavarar, Andhra Praciash h-B24201,

The Superintendent of Folica, West | Godavari District, District Polies Office,

Shimavaram, Andhra Pradesh ~SS4207 44 fo 3 By RPAD)

4, One CC to SH. Umesh Ghandra P VWuG, Advocate fOPUCT
Two OCs to GP for General Administratic on, High Court of AP. [OUT!

Two CCs to GP for Home, High Ga unto} AP, PONIT]

@. Two OD Capies

Yu

S

 

Ry

Ngee T IEEE
 

OBO 2022

s
°

No. T88er af 2028

HIGH COURT
DATED

ORDER

WP th PHSPOSED OF WRIT PETITION