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High Court of Andhra Pradesh · body

2025 DAILYLAW 19844 (AP)

MOSATI CHENGAIAH v. THE STATE OF ANDHRA PRADESH

WP/13994/2025 · 2025-05-28

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 13994 OF 2025 Between: 1. Mosati Chengaiah, S/o Mosati Chinna Subbaiah, Aged about 70 years, D.No. 2/8 Sagadevipalli Village , K.S Agraharam Grama Panchayath Chitvel mandal, Annamayya District, Andhra Pradesh. 2. Peddi Subramanyam, S/o Chinna Puttaiah, Aged about 65 years. Occupation Cultivation. Sagadevipalli Village, K.S Agraharam Grama Panchayath, Chitvel mandal, Annamayya District, Andhra Pradesh. 3. Mosati Ramudu, S/o Chengaiah, Aged about 39 years. Occupation ^ Cultivation, Sagadevipalli Village, K.S Agraharam Grama Panchayath, Chitvel mandal, Annamayya District, Andhra Pradesh. 4. Mosati Nadipi Chengaiah, S/o Chinna Subbaiah , Aged about 65 years. Occupation Cultivation, Sagadevipalli Village, K.S Agraharam Grama Panchayath, Chitvel mandal, Annamayya District, Andhra Pradesh. 5. M, Chinna Chengaiah, S/o Chinna Subbaiah, Aged about 63 years. Occupation Cultivation, Sagadevipalli Village, K.S Agraharam Grama Panchayath, Chitvel mandal, Annamayya District, Andhra Pradesh. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home and Law,and Legislature, Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, Annamayya District, Rayachoti. 3. The Superintendent of Police, Annamayya District, Rayachoti. 4. The Inspector of Police, Railway Kodur Circle, Annamayya District. % 5. The Mandal Revenue Officer. Chitvel Mandal, Annamayya 6. The Station House Officer. Chitvel P.S. Annamayya District. 7. Chethipattu Prasad. S/o Chengal Reddy. Aged Occupation Sarpanch. K S Agraharam Grama Sagadevipalli Village. K.S Agraharam Grama mandal. Annamayya District. Andhra Pradesh. 8. Dandu Rajamohan Reddy. S/o Kanneppa. Aged about 46 , Sagadevipalli Village. K.S Agraharam Grama Panchayath mandal. Annamayya District. Andhra Pradesh. District. about 33 years. Panchayath. R/o Panchayath Chitvel years. R/o I, Chitvel ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent Nos. 4.5 and 6 in failing to consider the representation of the Petitioners dated 24.05.2025, for peaceful conduction of Ganganamma Jathara on 4th and 5th of June 2025, by allowing the Petitioners herein to organize the same as being illegal. arbitrary and in violation of Articles 14, 15 and 19 of the Constitution of India and Consequently direct the Respondents 4, 5 and 6 to ensure peaceful conduction of Ganganamma Jathara on 04.06.2025 and as per the agreement organizethe same. 05.06.2025 by following the terms and conditions dated 17.05.2022 and allowing the Petitioners to lA NO: 1 OF 202R Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the Respondents 4, 5 and 6 to the Petitioners herein for peaceful conduction of Ganganamma Jathara on 04.06.2025 and 05.06.2025, in accordance with the terms and conditions of may be ensure the participation of the agreement dated 17.05.2022 and restrain the Respondents from permitting any unilateral actions. Counsel for the Petitioner: SRI K VENKATA SUBBAIAH Counsel for the Respondent Nos. 1,3, 4 & 6: GP FOR HOME Counsel for the Respondent Nos. 2 & 5: GP FOR REVENUE Counsel for the Respondent Nos. 7 & 8: --- The Court made the following: ORDER «6 APHC010278092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 13994/2025 Between: ...PETITIONER(S) Mosati Chengaiah and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. K VENKATA SUBBAIAH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR HOME The Court made the following: ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home and also the learned counsel for the respondent No.7. The grievance of the petitioners is that they have submitted a representations on 04.06.2025 and 05.06.2025 in accordance with terms and conditions of the agreement dated 17.05.2022 for conducting Jathara 2. 2 \ in a peaceful way relating to Ganganamma Jathara, but that representations were not considered by the respondent Nos.1 to 5 till date. 3. The learned Assistant Government Pleader submits written instructions from the Station House Officer, Chitvel Police Station Annamayya District, that if the petitioners are permitted to participate in the Ganganamma Jathara along with the other unofficial respondents, there would be every likelihood of a conflict occurring between the two groups, potentially resulting in serious law and order problems. The learned counsel for the petitioners relied on a decision in Maremma Poleramma Varla Jathara Utsava Committee, Kavitam v. State of Andhra Pradesh^ in W.P.No.2262 of 2020 vide order dated 07.02.2020 at paragraph No.8 which is held as under: 4. Accordingly, this Writ Petition is allowed directing the 3 respondent to consider the representation dated 20.01.2020 of the petitioner committee and accord permission and provide necessary police protection for the cultural and other programmes that are being conducted during the Jatara festival of goddess Sri Maremma and Poleramma Amma Varlu in Kavitam Village from 06.02.2020 to 10.02.2020 on the following conditions. rd (a)The petitioner committee shall take all stringent and necessary steps so that no obscene dances or vulgar programmes are being staged and performed during the course of Utsavam. (b)The respondent shall take steps to video-graph the programmes at the expense of the petitioner committee and if he finds any obscene programmes are conducted, he can submit a report to the court for ‘ (2020) 2 ALT 295 ^3' 3 taking action against the concerned persons for contempt of the court order, (c) No dance or songs, touching upon any political party or religion or community or caste shall be played. (d)No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (e)lf there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and (f) The petitioner committee shall furnish a letter of undertaking to the 3'^'^ respondent that they will strictly adhere to the above conditions. At any rate, when an application is filed before the authorities 5. concerned seeking for peaceful conduction of Ganganamma Jathara by the devotees of Ganganamma, the official respondents cannot keep the representations pending without disposing them off and allowing Ganganamma Jathara to be conducted in a peaceful way, therefore, the respondent Nos.1 to 6 are directed to dispose of the representations within a period of one (1) week, and inform the same to the petitioners. With the above directions, the Writ Petition is disposed of. There 6. shall be no order as to costs. As a sequel. Miscellaneous petitions, if any pending, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Home and Law and Legislature, Secretariat, Velagapudi, Amaravati, Guntur District. ^2. The District Collector, Annamayya District, Rayachoti. Thfs .‘^iinp'rintpnrlpnt nf Police. Annamavva District, Rayachoti. 4. The Inspector of Police, Railway Kodur Circle, Annamayya District. 5. The Mandal Revenue Officer, Chitvel Mandal, Annamayya District. 6. The Station House Officer, Chitvel P.S, Annamayya District. '^1. One CC to Sri K Venkata Subbaiah Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] ^ Three CD Copies TF 4 HIGH COURT DATED:29/05/2025 ORDER WP.No.13994 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS