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High Court of Andhra Pradesh · body

2025 DAILYLAW 23186 (AP)

THE ISKCON v. THE STATE OF AP

WP/16281/2025 · 2025-06-30

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010326912025 if IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16281 OF 2025 Between: The ISKCON, Anantapuram Branch Situated at Somuladoddi Rep., by its chairman Pothamsetty Damodara Gururanga Das, S/o.Narayana Dora, R/0.2/29-A, Somuladoddi, Anantapuram Town and District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Ananthapuram. 3. The Superintendent of Police, Ananthapuramu. 4. The Sub Divisional Police Officer, Ananthapuramu Urban, Ananthapuramu. 5. The Inspector of Police, Ananthapuramu town, Ananthapuram. ...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, order, or direction, more particularly one in the nature of Mandamus, declaring the action of the 4th respondent in denying permission to conduct the “Lord Jagannath Rathayatra Mahotsavam” scheduled on 05.07.2025 and 06.07.2025 in Anantapuram Town, as communicated through proceedings bearing C.No.80/Genl/SDPO- ATP(U)/2025 dated 27.06.2025, as illegal, arbitrary, violative of principles of natural justice, and infringing the petitioner's fundamental rights under Articles 14, 25 and 26 of the Constitution of India; Consequently, direct the respondent authorities to forthwith grant permission for the conduct of the “Lord Jagannath Rathayatra Mahotsavam” scheduled on 05.07.2025 and - 06,07.2025 in Anantapuram Town. IA NO: 1 OF 2025 - % Petition under Section 151 CPC praying that in the circumstances stated in the*affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to permit the conduct of the Lord Jagannath issue Rathayatra Mahotsavam on 05.07.2025 and 06.07.2025 in Anantapuram Town, pending disposal of the writ petition. Counsel for the Petitioner: SRI KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondents No.1,3,4 & 5; GP FOR HOME The Court made the following Order: / # (ff APHC010326912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16281/2025 Between: 1.THE ISKCON, DAMODARA GURURANGA DAS, S/O.NARAYANA DORA, R/0.2/29-A SOMULADODDI, ANANTAPURAM TOWN AND DISTRICT. BRANCH SITUATED AT CHAIRMAN POTHAMSETTY ANANTAPURAM BY ITS ...PETITIONER AND 1 THE STATE OF AP REP. BY ITS PRINCIPAL SECRETARY, HOM^ 1.THE STATE Oh AK.K vELAGAPUDI AMARAVATHI, SECRETARIAT DEPARTMENT, GUNTUR DISTRICT., 2.THE DISTRICT COLLECTOR, ANANTHAPURAM. 3.THE SUPERINTENDENT OF POLICE, ANANTHAPURAMU. SUBDIVISIONAL POLICE OFFICER, ANANTHAPURAMU URBAN ANANTHAPURAMU TOWN 4.THE ANANTHAPURAMU. INSPECTOR OF POLICE 5.THE ANANTHAPURAM. ...RESPONDENT(S): of the Constitution of India praying that in the Petition under Article 226 circumstances stated in the pleased topleased to issue particularly one in the nature affidavit filed therewith, the High Court may be direction, mofe appropriate writ, order, or of Mandamus, declaring the action of the 4th an 1 2 ?>*• respondent in denying permission to conduct the Lord Jagannath Rathayatra Mahotsavam scheduled on 05.07.2025 and 06.07.2025 in Anantapuram Town. ^ through^ proceedings bearing C.No.SO/Genl/SDPO- ATP(U)/2025 dated 27.06.2025, as illegal, arbitrary, violative of principles of and infringing the petitioner's fundamental rights under Articles communicated as natural justice 14, 25 and 26 of the Constitution of India Consequently, direct the respondent authorities to forthwith grant permission for the conduct of the Lord Jagannath 05.07.2025 and 06.07.2025 in Rathayatra Mahotsavam scheduled on Anantapuram Town and to pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to permit the conduct of the Lord 05.07.2025 and 06.07.2025 in pleased to issue Jagannath Rathayatra Mahotsavam on Anantapuram Town, pending disposal of the writ petition and pass Counsel for the Petitioner: 1.KRISTAM SAKTHl NIRANJAN GUPTHA Counsel for the Respondent(S): 1.GPFOR HOME 2 GP FOR REVENUE I The Court made the following : I THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.16281 of 2025 ORDER: The petitioner is challenging the denial of the permission for conducting of Lord Jagannath Rathayatra Mahotsavam on 05.07.2025 and 06.07.2025 in Anantapuram Town. The learned counsel for the petitioner submits that vide proceedings dated 27.06.2025, the 4**^ respondent has denied the permission for conduct of the Lord Jagannath Rathayatra Mahotsavam. The reason cited is that the Hon’ble Chief Minister of the State is likely to visit Satya Sai District 05.07.2025 and 06.07.2025 and that the entire police personnel will be busy with the above said arrangements and that in order to ensure the peaceful environment in the town, the permission was denied. 2 The learned counsel for the petitioner submits that the Rathyatra is conducted annually as a customary practice and the permission is granted for conducting the same as and when applied for the permission, learned counsel for the petitioner and the learned Assistant on 3. Heard the Government Pleader for the State. Perused the proceedings dated 27.06.2025 is not acceptable. The reason assigned for denial of permission Accordingly, the respondents 3 and 4 are hereby directed to grant permission Lord Jagannath Rathayatra Mahotsavam on 05.07.2025 and 06.07.2025 in Anantapuram Town as per the route plan as submitted by the petitioner. It is made clear that the respondents 3 and 4 shall deploy additional forces if required. 4. for conducting the ? 2 With the above observation, the writ petition is disposed off at the 5. admission stage. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. V ^ SD/- N NAGAMMA ASSISTANT REGISTRAR i //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, Secretariat, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Ananthapuram. 3. The Superintendent of Police, Ananthapuramu. 4. The Sub Divisional Police Officer, Ananthapuramu Urban, Ananthapuramu. 5. The Inspector of Police, Ananthapuramu town, Ananthapuram. 6. One CC to SRI. KRISTAM SAKTHI NIRANJAN GUPTHA Advocate [OPUC] 7. Two CCs to GP FOR HOME , High Court of Andhra Pradesh[OUT] 8. Two CCs to GP FOR REVENUE , High Court of Andhra Pradesh[OUT] 9. Three CD Copies vna HIGH COURT DATED:01/07/2025 ORDER ANO/^ W.P.No. 16281/2025 o\ II 0 3 JUL 2025 ml DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS