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2025 DAILYLAW 23714 (AP)

The Official Cultural Welfare Association v. The State of Andhra Pradesh,

WP/16890/2025 · 2025-07-08

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC01D333932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16890 OF 2025 I Between: The Official Cultural Welfare Association, Rep by its. Secretary, P.Bhaskara Rao ,S/o Narasimha Rao Aged 70 Years, Occ. Business, R/o.D.No.1/2,Chebrole Village, Ungutur Mandal, Eulru District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by it's Principal Secretary Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri, Guntur District. 3. The Superintendent of Police, Eluru District, Eluru. 4. The Deputy Superintendent of Police, Eluru, Eluru District. 5. The Station House Officer, Chebrole Police Station Unguturu Mandal, Eluru District. Home Narayanapuram, ...Respondent/s 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 a writ, order, or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, particularly the 5th respondent at Chebrole Police Station, in threatening the petitioner with dire consequences and falsely alleging interference in lawful activities, and further restraining the petitioner from entering the premises of the petitioner society, as illegal, arbitrary, and violative of the fundamental rights t guaranteed under Part III of the Constitution of India and consequently, direct the 5th respondent not to interfere with or obstruct the lawful activities of the petitioner society or prevent the petitioner from entering and discharging his lawful duties on the premises without due authority of law and further, 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 to grant an interim direction pending disposal of the writ petition, restraining the 5*^" respondent not to interfere with or obstruct the lawful activities of the petitioner society or prevent the petitioner from entering and discharging his lawful duties on the premises without due authority of law, as such actions are illegal, arbitrary, and violative of Articles 14, 19(1)(c), 21, and 300A of the Constitution of India. Counsel for the Petitioner: SRI D TARAKA PRASAD Counsel for the Respondents: GP FOR HOME The Court made the following Order: APHC010333932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16890/2025 Between: 1.THE OFFICIAL CULTURAL WELFARE ASSOCIATION, REP BY ITS. SECRETARY, P.BHASKARA RAO ,S/0 NARASIMHA RAO, AGED 70 YEARS, OCC.BUSINESS UNGUTUR MANDAL, EULRU DISTRICT. R/0.D.N0.1/2,CHEBR0LE VILLAGE, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY IT'S PRINCIPAL SECRETARY, VELLAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, ELURUDISTRICT, ELURU. 4.THE DEPUTY SUPERINTENDENT OF POLICE, ELURU, ELURU DISTRICT. 5.THE STATION HOUSE OFFICER, CHEBROLE POLICE STATION, NARAYANAPURAM, UNGUTURU MANDAL, ELURU DISTRICT. ...RESPONDENT(S): 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 topleased to issue a writ, order, or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents. HOME DEPARTMENT, SECRETARIAT, 2 particularly the 5th respondent at Chebrole Police Station, in threatening the petitioner with dire consequences and falsely alleging interference in lawful activities, and further restraining the petitioner from entering the premises of the petitioner society, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Part III of the Constitution of India and consequently, direct the 5th respondent not to interfere with or obstruct the lawful activities of the petitioner society or prevent the petitioner from entering and discharging his lawful duties on the premises without due authority of law and further, 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 pleased to grant an interim direction pending disposal of the writ petition, restraining the 5*'^ respondent not to interfere with or obstruct the lawful activities of the petitioner society or prevent the petitioner from entering and discharging his lawful duties on the premises without due authority of law, as such actions are illegal, arbitrary, and violative of Articles 14, 19(1)(c), 21, and 300A of the Constitution of India, Counsel for the Petitioner: 1.DTARAKA PRASAD Counsel for the Respondent(S): 1.GP FOR HOME 3 The Court made the following Order; Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for respondents. Learned counsel for the petitioner submits that the petitioner is aggrieved on the action of respondent No.5 in repeatedly calling the petitioner to the police station and threatening the petitioner to settle the civil dispute with third parties. It is also submitted that the petitioner is being restrained in the police station. 2. 3. Learned Assistant Government Pleader, on instructions, submits that, the police are not interfering in the activities of the petitioner association and that the police would have to take account of any complaint received with regard to the activities of the association and on receipt of any such complaint only, they would have to take necessary action. Considering the submissions, the Writ Petition is closed, making it clear that the 5*^ respdrrc^ent shall not interfere in day to day activities of the petitioner association, subjict to the petitioner not involving in any unlawful, prohibited or illegal activities. As a sequel, miscellaneous petitions, if any, shall stand closed. 4. 5. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri D Taraka Prasad, Advocate [OPUC] 2. Two CCs to GP for HOME , High Court of Andhra Pradesh [OUT] 3. Two CD Copies VNA PH X ' HIGH COURT DATED:09/07/2025 ORDER WP NO. 16890 OF 2025 16 JUL 2025 rrentSecti o ★ ★ CLOSING THE WRIT PETITION WITHOUT COSTS