APHC010340822025 IN THE HIGH COURT OF ANDHRA PRADESH^ ATAMARAVATI (Special Original Jurisdiction) . S*'S [£] a St ■:s3' > TUESDAY, THE TWENTY NINETH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA^ WRIT PETITION NO: 17240 OF 2025 ^ o / Between; Visakhapatnam Ukku Parirakshana Porata Samkshema Sangham, having Narsinga Rao S/o. years, Occ; Social Worker, R/o. 53-41-51, Flat No.502, Sita Apartments, Bhanu Nagar, HB Colony, Visakhapatnam. Registered No.425/2021, Rep. by its President Ch. Kotaiah, aged about 73 ...Petitioner^ AND 1. Union of India, Rep by its Secretary, Ministry of Heavy Steel, Government of India, New Delhi, Room No. floor, Udyog Bhavan, New Delhi-110011. 2. The Rastriya Ispat Nigam Limited, Visakhapatnam Steel Its Chairman and Managing Director, Visakhapatnam530 031. 3. The State of Andhra Pradesh, Department of Home, A.P. Secretariat District. 4. The Commissioner of Police, Visakhapatnam District at Visakhapatnam 5. The Station House Officer, Duvvada Police Station, Visakhapatnam District. Industries and 176, E-Wing, 1st Plant, Rep by Rep. by its Principal Secretary, - , Velagapudi, Amaravati, Guntur City, Visakhapatnam Kurmannapalem, ...Respondents^, ‘ 'y < Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus declaring the No.2,4 and 5 in taking steps 26.06.2025 and 01.07.2025 where may be inaction on the part of the respondents on the petitioners representations dated under sought for permitting the petitioners organization to re-erect relay hunger strike tent which is collapsed on 12.06.2025 due to heavy rains which is originally existing from 12.02.2021 within the vacant land of the 2nd respondent lying abutting to NH-16 wherein raised for conducting peaceful protest and agitation with the 2nd respondent from the Policy of disinvestment an object to protect and privatization in the association as 19 and 21 of Constitution of interest of huge number of workers/members of the petitioners illegal, arbitrary, unfair and violative of Art 14, India and also contravening the Statutory Right conferred under Industrial Disputes Act, 1947 and consequently direct the respondents to permit the re-erect the relay hunger strike tent in the above petitioners association to said location. ^ lA NO: 1 OF 7091^ Petition under Section 15rCPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondents 2, 4 and 5 may be pleased to to take action on the petitioner’s representations dated 26.06.2025 and 01.07.2025 pending disposal writ petition. ^ of the Counsel for the Petitioner: SRI U D JAI BHIMA RAO - Counsel for the Respondent Nos. 3 to 5: GP FOR HOME Counsel for the Respondent No. 1: SRI K VENKATESWARLU Counsel for the Respondent No.2: — The Court made the following order: (SC FOR UOI) APHC010340822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17240/2025 Between: 1.VISAKHAPATNAM UKKU PARIRAKSHANA PORATA SAMKSHEMA SANGARM, HAVING REGISTERED NO.425/2021, PRESIDENT OH. NARSINGA RAO S/0. KOTAIAH, AGED ABOUT 73 YEARS, OCC SOCIAL WORKER, R/0. 53-41-51, FLAT NO.502, SITA APARTMENTS, BHANU NAGAR, HB COLONY, VISAKHAPATNAM. REP. BY ITS ...PETITIONER AND 1.UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF HEAVY INDUSTRIES AND STEEL, DELHI,ROOM N0.176, E-WING, 1ST FLOOR, UDYOG BHAVAN NEW DELHI -110011. GOVERNMENTOF INDIA,NEW 2.THE RASTRIYA ISPAT NIGAM LIMITED, VISAKHAPATNAM STEEL PLANT, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, VISAKHAPATNAM530 031. 3.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL DEPARTMENT OF HOME, A.P. SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 4.THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM 5.THE STATION HOUSE OFFICER, DUWADA POLICE STATION KURMANNAPALEM, VISAKHAPATNAM 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 an appropriate writ order or direction preferably a Writ in the nature of Mandamus declaring the inaction on the part of the respondents No.2,4 and 5 in taking steps on the petitioners representations dated 26.06.2025 and 01.07.2025 where under sought for permitting the petitioners organization to re-erect relay hunger strike tent which is collapsed on 12.06.2025 due to heavy rains which is originally existing from 12.02.2021 within the vacant land of the 2nd respondent lying abutting to NH-16 wherein raised for conducting peaceful protest and agitation with an object to protect the 2nd respondent from the Policy of disinvestment and privatization in the interest of huge number of workers/members of the petitioners association as illegal, arbitrary, unfair and violative of Art 14, 19 and 21 of Constitution of India and also contravening the Statutory Right conferred under Industrial Disputes Act, 1947 and consequently direct the respondents to permit the petitioners association to re-erect the relay hunger strike tent in the above said location and 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 pleased to direct the respondents 2, 4 and 5 to take action on the petitioner’s representations dated 26.06.2025 and 01.07.2025pending disposal of the writ petitionand pass Counsel for the Petitioner: 1.U D JAI BHIMA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2. DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: THE HON’BLE SRI JUSTICF vfniKATESWARLU NIMMAGADDA WRIT PETlTinM Nn,17240 OF 2025 ORDER This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate writ, order or direction preferably a Writ in the nature of Mandamus declaring the inaction on the part of the respondents Nos. 2, 4 and 5 in taking steps on the petitioner’s representations dated 26.06.2025 and 01.07.2025 where under sought for permitting the petitioner’s organization to re-erect relay hunger strike tent which is collapsed on 12.06.2025 due to heavy rains which is originally existing from 12.02.2021 within the vacant land of the respondent lying abutting to NH-16 wherein raised for conducting peaceful protest and agitation with an object to protect the 2"^ respondent from the Policy of disinvestment and privatization in the interest of huge number of workers/members of the petitioner’s association as illegal, arbitrary, unfair and violative of Art 14, 19 and 21 of Constitution of India and also contravening the Statutory Right conferred under Industrial Disputes Act, 1947 and consequently direct the respondents to permit the petitioners association to re erect the relay hunger strike tent in the above said location and pass such other order or orders...” Heard learned counsel for the petitioner and learned counsel for the 2. respondents. Learned counsel for the petitioner submits that the petitioner is the 3. organization/ committee constituted by the office bearers of reorganized trade unions of respondent No.2 institution. While so, the petitioner committee has been agitating against the proposal of privatization of the respondent No.2 institution by respondent No.1 herein. For which, they erected a tent to express their protest against the proposed action of respondent No.1 of privatization of respondent No.2 institution since long time. But, due to heavy rains the same was collapsed. Then the petitioner herein submitted representations dated 26.06.2025 and 01.07.2025 to respondent Nos. 2, 4 and 5 seeking for re-erection of temporary tent for relay hunger strike to express their protest on premise of that the respondent No.1 is still taking steps for privatization of respondent No.2 institution. Even after receipt of the representations by respondent Nos. 2, 4 and 5, no steps were taken and the office bearers of petitioner committee are not permitting to continue their protest in peaceful and democratic way. Aggrieved by the said action, the petitioner herein filed the present writ petition. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 16.07.2025 issued by respondent No.5, wherein, the relevant portion of the said instructions is extracted hereunder: “It is further submitted the alleged location for re-erect the tent is private land belongs to respondent and they are competent. Further, the location is not a vacant site; it is compounded with steel Plant “Pylon" and maintained by steel plant authorities under jurisdiction of steel plant. I further respectfully submit that as per the provisions of 30 police act, the petitioners may acquire prior permission from competent authority/ Police Department for peaceful agitations and protest/ Darna/ Hunger strike devoid of hindrance to emergency, essential services, free flow of Traffic and public peace and tranquility. I further respectfully submit that, the police never objected the petitioner in accordance of permission to peaceful agitations and protest/ Darna/ Hunger Strike in the jurisdiction of steel plant.” He further submits that the proposed erection of tent by the petitioner committee at particular space is vested with the 2"'* respondent. Therefore, 5. respondent Nos. 4 and 5 have no jurisdiction in respect of the subject property. But if any permission is required for such re-erection of tent for relay hunger strike in any other suitable area duly permitted by authority concerned or land holder, the respondents would consider the same in accordance with law. Having regard to the submissions made by the learned Senior Counsel 6. for the petitioner, learned Government Pleader for Home for respondent Nos.3 to 5 and Sri K.Venkateswarlu, learned Standing Counsel for Union of India for respondent No.1, none represented respondent No.2 and on perusal of the material placed on record, it is observed that the petitioner committee was constituted by the office bearers of the recognized/ registered trade unions of the respondent No.2 and the committee decided for expressing their protest on the continuous proposals for privatization of respondent No.2 institution. It is further observed that since the committee is one of the stakeholder in respect of respondent No.2 institution and it is entitled to express protest in peaceful and democratic manner as per law. Therefore, in view of the same the petitioners are entitled for consideration of their representations by respondent Nos. 2, 4 and 5. In view of the foregoing discussion, the present writ petition is disposed of directing respondents to consider the representations dated 26.06.2025 and 01.07.2025 submitted by the petitioner to respondent Nos. 2, 4 and 5 and 7. pass appropriate orders, after providing opportunity of hearing to all the parties concerned, within a period of four (04) weeks from the date of receipt of a copy of this order. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Union of India, Ministry of Heavy Industries Government of India, New Delhi, Room No. 176, Udyog Bhavan, New Delhi -110011. 2. The Chairman and Managing Director, Rastriya Ispat Nigam Limited Visakhapatnam Steel Plant, Visakhapatnam530 031. 3. The Principal Secretary, Department of Home Velagapudi, Amaravati, Guntur District. 4. The Commissioner of Police, Visakhapatnam City, Visakhapatnam District at Visakhapatnam 5. The Station House Officer, Duvvada Police Station, Visakhapatnam District. 6. One CC to Sri U D Jai Bhima Rao Advocate [OPUC] 7. One CC to Sri K Venkateswarlu (SC for Union of India) Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]^ 9. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General High Court of Andhra Pradesh. [OPUC]^" 10. Two CD Copies and Steel, E-Wing, 1st floor, A.P. Secretariat, Kurmannapal^, of India TF HIGH COURT DATED:29/07/2025 ORDER WP NO. 17240 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS