APHC010434772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTYFIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22055/2025 Between: THE STATE MALA EMPLOYEES WELFARE ASSOCIATION, ANDHRA PRADESH REP BY ITS FOUNDER AND STATE PRESIDENT THULLIBILLI ASHOK BABU REG NO 75 OF 2025, ITS OFFICE ADDRESS AT TANGUTUR, PRAKASAM DISTRICT ANDHARA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, AP SECRETARIAT BUILDINGS VELGAPUDI AMARAVATI GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH DGP OFFICE, AMARAVATI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, SP OFFICE, CHITTOOR CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. GUNDALA SIVA PRASADA REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the 2nd Respondent for declined the permission to the Petitioner to conduct the Constitutional Awareness March dated.14.08.2025 as illegal, arbitrary, discrimination and violation of fundamental rights, articles 14, 19 and 21 of the Constitution of Bharath and Consequently direct the 2nd Respondent to grant permission to the Petitioner to conduct 2 the Constitution Awareness and Conservation March from Kuppam, Chittoor District to lchchapuram, Srikakulam District.” 2. Heard Sri Gunadala Siva Prasad Reddy, learned counsel for the Petitioner – Association and Ms.A.Jayanthi, learned Government Pleader for Home. 3. Learned counsel for the Petitioner would submit that the Petitioner herein filed W.P.No.20964 of 2025 before this Court seeking permission to conduct march of the Constitution Awareness and Conservation from Kuppam, Chittoor District to Itchapuram, Srikakulam District. The said petition was disposed of vide Order dated 13.08.2024 directing the concerned authorities to look into the representation of the Petitioner and take appropriate steps according to governing Rules and Law by the evening of 14.08.2025. However, Respondent No.2 declined to give permission. Learned counsel would further submit that they will not do any procession and padayatra on the National Highways and State Highways. It is further submitted that they will also not cause breach of public safety and law and order issues. Learned counsel would further submit that, right to assemble peacefully and to move freely throughout the territory of India is a fundamental right. 4. Ms.A.Jayanthi, learned Government Pleader for Home, on written instructions, would submit that, as per the orders of this Court dated 13.08.2025, Respondent No.2 vide proceedings in Rc.No.1714/L & O – III/2025, dated 13.08.2025 sought clarification as to whether the Petitioner, 3 being a Government servant, had obtained prior sanction from the competent authority to organize and participate in the proposed programme. As the Petitioner failed to furnish the required permission, the representation dated 14.08.2025 of the Petitioner was rejected, as it causes hindrance to the traffic regulation, public safety and maintenance of law and order. Learned Government Pleader would further submit that the Petitioner and its associates have also indulged in highly provocative speeches against the Government and the Hon’ble Chief Minister of Andhra Pradesh, which may cause disturbance of public order and provoke communal discord across the State. 5. The right to assemble peacefully and to move from one place to any part of the country by taking the voice of the farmers to ventilate their grievance, is the fundamental right of the members of the Petitioner - Society as citizens of this country guaranteed under Articles 19(1)(a), 19(1)(b) and (d) of the Constitution of India. 6. In the instant case, the members of the Petitioner-Society intend to conduct the Constitutional Awareness and Conservation March in a democratic and peaceful manner, from Kuppam, Chittoor District to Itchapuram, Srikakulam District, as it is their fundamental right guaranteed under Articles 19 (1) (a), 19 (1) (b) and 19 (1) (d) of the Constitution of India. However, they have to carry on their programme peacefully and they should not resort to any violence during the said programme. 4 7. Considering the submissions made, the Writ Petition is disposed of. Petitioner is permitted to conduct Constitutional Awareness and Conservation March in a democratic manner, from Kuppam, Chittoor District to Itchapuram, Srikakulam District from 18.10.2025 till 31.05.2026, as per the schedule given by them, in a peaceful manner. Respondents - Police are directed to take necessary precautions to see that the said March will be conducted in a peaceful manner. In case of occurrence of any untoward incident, Police are directed to take necessary steps in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:25.09.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.22055 of 2025 Dt.25.09.2025 Dinesh