\ APHC010436462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22675 OF 2025 Between: Mr. 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 AddI Superintendent of Police (Admin), SPSR Nellore District, Andhra Pradesh. 5. The Sub-Divisional Police Officer, Kandukuru Sub-Division, S.P.S.R. Nellore District, Andhra Pradesh. 6. The Station House Officer, Ulavapadu, Police station, SPSR Nellore Dist. ...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 order or direction more particularly one in the nature of Writ of Mandamus declaring the arbitrary, illegal, and mala fide action of Respondent Nos. 3 to 6, and the respondents 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 eminent persons in the field, who help them, with a legally and democratically and socially and blanket prohibitory order bearing Rc.No. XXX /Dis/SP-NLR/2025 dated 01.08.2025, as illegal, arbitrary, unreasonable, mala fide, 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 or set aside the impugned order bearing Rc.No. XXX /Dis/SP-NLR/2025 dated 01.08.2025 by the respondent no. 4 in the interest of justice, b. Direct the Respondent No. 3 to 6 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. c. Direct the Respondent No. 1 the Principal Secretary, Home Department, Government of Andhra Pradesh, to initiate an inquiry and take appropriate disciplinary action against Respondent Nos. 5, the Sub-Divisional Police Officer, respectively, for their arbitrary, illegal, and mala fide actions in misusing their official position to violate the fundamental rights of the public. This prayer is necessitated by the fact that such actions are not isolated incidents but represent a systemic disregard for the rule of law, which requires accountability for every public officer. 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 order staying the operation of the impugned order of si Respondent No. 4, bearing Rc.No. XXX//Dis/SP-NLR/2025, dated 01-08-2025 and consider and grant the petitioner or petitioner villagers request for permission of 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, pending the final disposal of this Writ Petition, thereby allowing the petitioner and the villagers to exercise their fundamental rights to peaceful assembly. Counsel for the Petitioner: SRI BALAIAH B Counsel for the Respondents: GP FOR HOME The Court made the following order: r APHC010436462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22675/2025 Between: MIRIYAM SRINIVASULU, S/0. VENKATESWARLU CULTIVATION AND AGRICULTURAL BUSINESS, AGED ABOUT 60 YEARS, R/0 1-185, ULAVAPADU, VTC-KAREDU, PO- KAREDU, PRAKASAM DIST - 523292. OCC- ...PETITIONER AND 1.THE STATE OF AP, 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 POLIC, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 4.THE ADDL SUPERINTENDENT OF POLICE ADMIN, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 5.THE SUBDIVISIONAL POLICE OFFICER, KANDUKURU SUB DIVISION, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH. 6.THE STATION HOUSE OFFICER, ULAVAPADU, POLICE STATION, SPSR NELLORE DIST. ...RESPONDENT(S); Counsel for the Petitioner: 1. BALAIAH B 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: 2 “....a Writ of Mandamus declaring the arbitrary, illegal, and mala fide action of Respondent Nos. 3 to 6, and the respondents 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 eminent persons in the field, who help them, with a legally and democratically and socially and blanket prohibitory order bearing Rc.No. XXX /Dis/SP-NLR/2025 dated 01.08.2025, as illegal, arbitrary. unreasonable, mala fide, discriminatory, and violative of Constitution of India, andindian Police Act, 1861 and against the principles of natural justice and Consequently direct the respondents- can a. Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order, or Quash or set aside the impugned order bearing Rc.No. XXX /Dis/SP- NLR/2025 dated 01.08.2025 by the respondent no. 4 in the interest of justice, b. Direct the Respondent No. 3 to 6 to considerand 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. c. Direct the Respondent No. 1, the Principal Secretary, Home Department, Government of Andhra Pradesh, to Initiate an inquiry and take appropriate disciplinary action against Respondent Nos. 5, the Sub-Divisional Police Officer, respectively, for their arbitrary, illegal, and mala fide actions in misusing their official position to violate the fundamental rights of the public. This prayer Is necessitated by the fact that such actions are not isolated incidents but represent a systemic disregard for the rule of law. which requires accountability for every public officer. ” Sri B.Balaiah, learned counsel for the Petitioner would submit that, on 01.08.2025 the villagers of Ulavapadu Village desiring to hold a peaceful public meeting to conduct a “farmers’ rights awareness program” and to facilitate an interaction with Sri Vijay Kumar, a retired IAS Officer and other eminent educated persons in the field. Learned counsel would further submit 2. that the said meeting is purely a social and democratic gathering intended to discuss issues of public importance concerning the rights and plights of the farmers. However, Respondent No.5 had issued an Order dated 31.07.2025 in Rc.No.05/Dis/SDPO-K/2025 imposing a blanket ban on all assemblies and r rallies within Kandukuru Sub-Division. On filing W.P.No.20767 of 2025 by the Petitioner, the said order has been withdrawn by the Police. However, instead of lifting the ban, Respondent No.4 has issued the impugned order dated 01.08.2025 imposing even more expansive blanket ban across the entire SPSR Nellore District, which is violative of Articles 19 and 21 of the Constitution of India. 3. Ms.A.Jayanthi, learned Government Pleader for Home, on written instructions, would submit that, as one Bode Ramandra Yadav opposed the land acquisition scheme for the Indosol Solar System Project, and caused inconvenience to the general public and thereby interfered with the lawful duties of the Police and Revenue Officials, several cases were registered against him. It is further submitted that, when the situation in the area has been quite tense, on 01.08.2025, the Petitioner applied for permission to conduct a meeting with former IAS officer. Learned Government Pleader would further submit that, in view of the law and order problem at Karedu Village, Prohibitory orders under Section 163 of BNSS and Section 30(A) of Police Act have been proclaimed in Ulavapadu Police Station Limits from 01.08.2025 to 31.08.2025 by Respondent No.4 prohibiting to organize public meetings, processions, rallies and public gathering for the said purposes and subsequently the impugned order has also been passed. Learned Government Pleader would finally submit that the Court may pass appropriate orders by imposing some conditions. 4 4. The material facts which led to filing of the present petition dispute. Admittedly, the Government intends to acquire lands under land acquisition scheme in Karivedu Village of Ulavapadu Mandal, relating to Indo Solar Project. One Bode Ramachandra Yadav, who is the President of a Political Party, along with his followers and some of the farmers, has been agitating the said land acquisition scheme. In that view, on 01.08.2025 the villagers of Ulavapadu Village intended to conduct a are not in farmers’ rights awarenessprogram” and to have an interactionwith Sri Vijay Kumar, a retired IAS Officer and other eminent educated persons in the field. Respondent No.5 had issued an Order dated 31.07.2025 in Rc.No.05/Dis/SDPO-K/2025 imposing a ban on all assemblies and rallies within Kandukuru Sub-Division. On filing W.P.No.20767 of 2025 by the Petitioner, the said order has been withdrawn by the Police and subsequently. Respondent No.4 has issued the impugned order dated 01.08.2025. Aggrieved thereby, the Petitioner came up with the present petition. 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 on the land acquisition proceedings, is the fundamental right of the Petitioner and the farmers as citizens of this country guaranteed under Articles 19(1)(a), 19(1)(b) and (d) of the Constitution of India. Kameshwar Prasad v. State of Bihar^ the Apex Court held that right to protest is a fundamental right and the State must aid the right to assembly of In the case of (1962)Supp3 SCR 369 5 the citizens. Further, the Hon’ble Apex Court in the case of Himat Lai K. Shah V. Commissioner of Police, Ahmedabad^, held that the State cannot by law abridge or take away the right of assembly by prohibiting assembly on every public street or public place. The State can only make regulations in aid of the right of assembly of each citizen and can only impose reasonable restrictions in the interest of public order. In the case of Mazdoor Kisan Shakti Sangathan v. Union of India^ the Hon’ble Apex Court held that holding peaceful demonstration by the citizens of the country in order to air their grievances and to ensure that these 6. grievances are heard in the relevant quarters, is its fundamental right. This right is specifically enshrined under Articles 19(1)(a) and 19(1)(b) of the Constitution of India. Article 19(1)(a) confers a very valuable right on the citizens, namely, right of free speech. Likewise, Article 19(1)(b) of the Constitution of India gives right to assemble peacefully and without arms. 7. Therefore, together, both these rights ensure that the people of this country have right to assemble peacefully and protest against any of the actions or the decisions taken by the Government or other governmental authorities which are not to their liking. The Apex Court also in the above referred judgments held that a particular cause which, in the first instance, may appear to be insignificant or irrelevant may gain momentum and acceptability when it is duly voiced and debated and that is the reason that ^ (1973) 1 see 227 ^ AIR 2018 Se 3476 = 2018 (10) SeJ 685 6 this Court has always protected the valuable right of peaceful and orderly demonstrations and protests. In the instant case also, as already noticed supra, the Petitioner intends 8. to hold a peaceful public meeting to conduct a “farmers’ rights awareness and to facilitate an interaction with Sri Vijay Kumar, a retired IAS Though, the program Officer and other eminent educated persons in the field. Petitioner and some of the farmers, have been agitating the said land acquisition scheme, they have to conduct the said meeting peacefully and they should not resort to any violence during the said visit. Considering the submissions made, the Writ Petition is disposed of. Petitioner is permitted to conduct the said meeting on 08.09.2025 between 02.00 p.m., and 07.00 p.m in the site belongs to Sri L.Madhusudan Reddy, 9. which is situated to opposite to the house of one Madhu Reddy, Satram Karedu Village, Ulavapadu Mandal. Police are further directed to videograph the proceedings. Petitioner is further directed not to raise any caste related issues and not to provoke the public politically, directed to take necessary precautions to see that the said meeting will be In case of occurrence of any untoward Street, Police are conducted in a peaceful manner, 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. Sd/- K. SRINIVASA RAJU assistant registrar //TRUE COPY// section OFFICER To, 1. The Principal Secretary, Home Department, Secretariat, Amaravati, Andhra Pradesh. sr 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 Addl. Superintendent of Police (Admin), SPSR Nellore District, Andhra Pradesh. 5. The Sub-Divisional Police Officer, Kandukuru Sub-Division, S.P.S.R. Nellore District, Andhra Pradesh. 6. The Station House Officer, Ulavapadu, Police station, SPSR Nellore Dist. 7. One CC to Sri Balaiah B, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CD Copies TF HIGH COURT DATED:03/09/2025 ORDER WP NO. 22675 OF 2025 ^ 0 9 SEP 2025 rf>; o> Sectlo^^ DISPOSING OF THE W.P., WITHOUT COSTS