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2025 DAILYLAW 28592 (AP)

MIRIYAM SRINIVASULU v. THE STATE OF ANDHRA PRADESH

WP/20767/2025 · 2025-08-13

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010407332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20767/2025 Between: 1. MIRIYAM SRINIVASULU, S/O. VENKATESWARLU, OCC. CULTIVATION AND AGRICULTURAL BUSINESS, AGED ABOUT 60 YEARS, R/O 1-185, ULAVAPADU, VTC KAREDU, PO KAREDU, PRAKASAM DIST - 523292. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 4. THE SUBDIVISIONAL POLICE OFFICER, KANDUKURU SUB- DIVISION, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER, ULAVAPADU, POLICE STATION, SPSR NELLORE DIST. ...RESPONDENT(S): Counsel for the Petitioner: 1. BALAIAH B 2 Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the arbitrary, illegal, and malafide action of Respondent Nos. 3 to 5, Respondent Nos. 4, without jurisdiction and power, the 4th respondent rejected permission, without any proper reason, just simply quoting a reason is that, section 30 of police act enforced, the purpose of the meeting about the farmers rights awareness programme meet and interaction with a former IAS officer and founder president of Liberation Congress Party, who can help them, with a legally and democratically and socially, as illegal, arbitrary, unreasonable, malafide, discriminatory, and violative of Constitution of India, and Indian Police Act, 1861 and against the principles of natural justice and Consequently direct the respondents a. Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order, or Quash and set aside the impugned order bearing Rc.No.05/Dis/SDPO-K/2025, dated 31.07.2025 in the interest of justice. b. Direct Respondent No. 3 to 5 to consider and grant the petitioner or petitioner villagers request for permission for a public meeting on behalf of the villagers on a scheduled date, subject to reasonable and lawful regulations, without imposing a blanket prohibition as per the law and Pass.....…” 2. Heard Sri Balaiah.B, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home, appearing for the respondents. 4. Learned counsel for the petitioner would submit that a direction may be given to respondents to consider and grant the permission for a public meeting and to set-aside the impugned order dated 31.07.2025. 4 5. Learned Assistant Government Pleader would submit that on 01.08.2025 the proceedings were issued by the Assistant Superintendent of Police under Section 30 of the Police Act and in the light of the same, the impugned order which is under challenge is not in force. 6. In reply, learned counsel for the petitioner would submit that the impugned order passed on 01.08.2025 is anti-date order. 7. In view of the above, this writ petition is disposed of, giving liberty to the petitioner to file a fresh petition challenging the order dated 01.08.2025. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 14.08.2025 MH 5 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA 38 W.P.No.20767 of 2025 Dated: 14.08.2025 MH