Tenali Sravan Kumar, vs The State Of Andhra Pradesh, on 1 October, 2020

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Andhra Pradesh High Court - Amravati

Tenali Sravan Kumar, vs The State Of Andhra Pradesh, on 1 October, 2020

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE FIRST DAY OF OCTOBER, TWO THOUSAND AND TWENTY eee"
:PRESENT: fe, Poe
THE HONOURABLE SRI JUSTICE RAKESH KUMAR
AND
THE HONOURABLE MS JUSTICE J. UMA DEVI
W.P.(PIL) No. 45 of 2020 \ wn
Between :- See
Tenali Sravan Kumar, S/o. Johnness, aged 56 years, Flat No 206, Ridge Grandeur
Apartments, Commercial Tax Colony, Road No2, Near NAC Function Hall, Vijayawada-
522007, Krishna District. Mobile No- 9948436725, Mail I, D-
[email protected] Aadhaar Card No-650139111668, Pan Card No-
ABAPT1097P, Account No- 52208810775, State Bank of India, Secretariat Branch,
Velagapudi, Guntur District.

..Petitioner.
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home
Department, Secretariat Buildings, Velagapudi, Guntur District
2. The Director General of Police, State of Andhra Pradesh, Police Head Quarters,
Mangalagiri, Guntur District.
The Commissioner of Police, Visakhaptnam, Visakhpatnam District.
The Assistant Commissioner of Police, West Sub-Division, Visakhaptnam,
Visakhapatnam District.
The Superintendent of Police, Visakhapatnam, Visakhaptnam District.
The Superintendent of Police, Vizianagaram, Vizianagaram District.
The Superintendent of Police, Srikakulam, Srikakulam District.
The Superintendent of Police, Kakinada, East Godavari District.
The Superintendent of Police, Eluru, West Godavari District.
10. The Superintendent of Police, Machilipatnam, Krishna District.
11. The Commissioner of Police, Vijayawada, Krishna District
12. The Superintendent of Police, Guntur Urban, Guntur District.
13. The Superintendent of Police, Guntur Rural, Guntur District.
14. The Superintendent of Police, Ongole, Prakasam District.
15. The Superintendent of Police, Nellore, SPSR Nellore District.
16. The Superintendent of Police, Chittoor, Chittoor District.
17. The Superintendent of Police, Kadapa, YSR Kadapa District.
18. The Superintendent of Police, Kurnool, Kurnool District.
19. The Superintendent of Police, Ananthapuram, Ananthapuram District.
..Respondents.
Petition under Article 226 of the Constitution of India, in the circumstances
stated in the Memo. of Grounds filed therein, the High Court may be pleased to issue
a writ, order or direction more particularly one in the nature of writ of mandamus to
declaring the to issue a writ, order or direction more particularly one in the nature of
Writ of Mandamus by declaring the action of the respondents. i).in curbing the
democratic form of dissent by way of conducting processions, meetings, etc., by
clamping prohibitory orders, issued under Section 144 of the Criminal Procedure Code
and Section 30 of the Police Act, 1861, for an indefinite period. ii).in not providing
adequate security to the agitation programs that are being conducted by political
parties, including the principal opposition party i.e. Telugu Desam Party and other
organizations/ groups even after according permissions for conduct of such programs
and iji).in not taking adequate steps to prevent counter agitation programs in the
~ same area, on the same dates and time as that of the programs permitted earlier as
arbitrary, illegal, mala fide, in colorable exercise of power and in violation of Articles
19 and 21 of the Constitution of India and to consequentially direct the respondents
to take appropriate preventive' measures including providing adequate security to the
agitation programs/processions that are being conducted by various political
parties/organizations, including the Telugu Desam Party, to prevent the miscreants
from disturbing the programs.

WwW

ONO

Contd..2...

|.A No. 2 of 2020 :-

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P.(PIL), the High Court may be pleased to direct
the Respondents to allow Telugu Desam Party President and other functionaries to
conduct meetings/processions and other mass contact programs in the State of
Andhra Pradesh including the Visakhapatnam and Vizianagaram districts, forthwith, by
providing adequate and appropriate security, pending disposal of the above writ
petition, Pending disposal of WP(PIL) 45 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and order of High Court dt. 28-02-2020, 02-03-2020
AND 12-03-2020 made herein and upon hearing the arguments of Sri Ginjupalli Subba
Rao, Advocate for the Petitioner and of the Advocate General and the G.P. for Home
on behalf of respondents, the Court made the following
ORDER :

" Proceedings taken up through Video Conferencing] "Heard Sri $.S.Prasad, learned senior counsel, who has entered appearance today, on the instructions of learned Government Pleader attached to the office of the learned Advocate General in all the aforesaid cases. He requests for granting short accommodation.

Earlier, this Court directed for tagging all the writ petitions, mainly pertaining to Habeas Corpus and some other cases regarding the excess/atrocities on the part of the police. Accordingly, all those cases have been listed together.

Sri Raviteja Padiri, learned counsel has appeared on behalf of the petitioner in W.P.No.17209 of 2019. He submits that after filing of the present writ petition, the police had illegally entered into the house of concerned Advocate.

Since Sri S.S.Prasad, learned senior counsel had entered appearance for the first time; and, he is making prayer for short accommodation, such request may not be refused.

On the next date, learned senior counsel appearing on behalf of the State may come prepared to assist the Court as to whether in the circumstances, which are prevailing in the state of Andhra Pradesh, the Court can record a finding that there is Constitutional breakdown in the State or not.

Put up on 07.10.2020 as first case treating it as part-heard for further hearing."

Sd/- R. KARTHIKEYAN, ASSISTANT REGISTRAR //TRUE COPY// HAL for ASSISTANT REGISTRAR Contd...3...

1.The Director General of Police, State of Andhra Pradesh, Police Head Quarters, Mangalagiri, Guntur District.

2.The Commissioner of Police, Visakhaptnam, Visakhpatnam District. (Addressee Nos. 1 and 2 by Speed Post)

3.The Registrar(Judicial), High Court of A.P., at Amaravati.

4.Two CCs to the Advocate General, High Court of A.P., at Amaravati(OUT)

5.Two CCs to the G.P. for Home, High Court of A.P., at Amaravati(OUT)

6.One CC to Sri Subba Rao, Ginjupalli, Advocate(OPUC)

7.One CC to Sri $.S. Prasad, Senior Counsel(OPUC)

8.Two spare copies.

TKK HIGH COURT RK.J & JUD.J DT.01-10-2020.

ORDER W.P.(PIL).No. 45 of 2020. DIRECTION

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Andhra Pradesh High Court - Amravati