♦ APH^10456122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 950 OF 2025 Writ Appeal under clause 15 of the Letters Patent Appeal preferred against the order 29.08.2025 in W.P.No.22944 of 2025 on the file of the High Court. Between; The Deputy Superintendent Of Police, Adoni division, Kurnool. ...Petitioner AND Viswa Hindu Parishad, Near Municipal Road, Adoni, Rep. by its District President, Ardhageri Basavana Goud. The State of Andhra Pradesh, Rep. by its Principal Secretary, MA and UD, Secretariat Buildings, Vetagapudi, Amaravathi. The Adoni Municipality, Adoni Mandalam, Kurnool District. Rep by its Municipal Commissioner. The Station House Officer, I Town P.S., Kurnool. The station House Officer, II Town P.S., Kurnool. (No relief is claimed against RR 2 to 5) 1. 2. 3. 4. 5. ...Respondents lA NO: 3 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 operation of the order dated 29.08.2025 passed in suspend the W.P.No.22944 of 2025. Counsel for the Petitioner: GP FOR HOME Counsel for the Respondent Nos.2 to 5: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.1: SRI J.V.PHANIDUTH The Court made the following JUDGMENT APHC01Q456122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] r SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 950/2025 Writ Appeal under clause 15 of the Letters Patent to set aside the order dated 29.08.2025 passed in W.P.No.22944 of 2025 and pass Between; 1.THE DEPUTY SUPERINTENDENT OF POLICE, ADONI DIVISION, KURNOOL. ...APPELLANT AND 1.VISWA HINDU PARISHAD, NEAR MUNICIPAL ROAD, ADONI, REP. BY ITS DISTRICT PRESIDENT, ARDHAGERI BASAVANA GOUD. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MA AND UD, VELAGAPUDI, AMARAVATHI. 3.THE ADONI MUNICIPALITY, ADONI MANDALAM, KURNOOL DISTRICT. REP BY ITS MUNICIPAL COMMISSIONER. 4.THE STATION HOUSE OFFICER, I TOWN P.S., KURNOOL. 5.THE STATION HOUSE OFFICER, II TOWN P.S., KURNOOL. ...RESPONDENT(S): SECRETARIAT BUILDINGS, Counsel for the Appellant: 1.GP FOR HOME Counsel for the Respondent(S): 2 1.GP FOR MUNCIPALADMN URBAN DEV 2.J.V.PHANIDUTH The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.950 of 2025 JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal has been filed against the Order dated 29.08.2025 in W.P.No.22944 of 2025. While disposing the said Writ Petition, learned Single Judge of this Court has passed the following order,; “Considering the submissions of the learned counsel for the petitioner, the learned Standing Counsel for the 2nd respondent, and the learned Assistant Government Pleader for respondent Nos. 3 to 5, there shall be a direction to the 2nd respondent. Deputy Superintendent of Police, Adoni Division, Kurnool district, the Station House Office,r I Town Police Station, Adoni, and the Station House Officer, II Town Police Station, Adoni, to facilitate the petitioner in carrying out the procession of the Lord Vinayaka idols for immersion in the canal via Arts College, Srikrishna Devalayam, Emmiganur Circle, Sri Anantha Mangala Anjaneyaswamy Temple, Nirmala Talkies, II Town Police Station, Srinivasa Bhavan, and Kotta Bridge. It is made clear that the 2nd respondent. Deputy Superintendent of Police, Adoni Division, Kurnool district, the Station House Officer, I Town Police Station, Adoni, and the Station House Officer, II Town Police Station, Adoni, shall take necessary steps to ensure peaceful procession and, if need be, deploy adequate personnel and machinery to ensure the peaceful procession and subsequent immersion. The respondents may also install cameras or record the procession to monitor the procession and keep an eye on the trouble mongers. ” 2. The facts leading to filing of this Writ Appeal are as follows;- The Writ Petitioner i.e., the Viswa Hindu Parishad, being aggrieved by the denial of the permission by the respondents No.2 and 3 in the said Writ Petition, for carrying the procession of the Lord Vinayaka idols [i] for immersion in the canal via Arts College, Sri Krishna Devalayam, Emmiganur Circle, Sri Anantha Mangala Anjaneyaswamy Temple, Nirmala Talkies, II Town Police Station, Srinivasa Bhavan, and Kotta Bridge in Adoni I town, filed W.P.No.22944 of 2025 before this Court. [ii] It is the case of the petitioner that the procession with the idols for immersion has been following the same route for the last thirty years. It is further stated that since last two years, the respondent authorities causing inconvenience by imposing unwarranted restrictions and diverting the route of the procession through a narrow 15 feet road, which would make it impossible to the petitioner to pass through such narrow routes with some idols that are above 15 feet in height. Though these difficulties are brought to the notice of the respondent authorities, they did not take action to facilitate the petitioner to take out the procession for immersion and the route that has been followed for the last 20 to 30 years. In this regard, the petitioner submitted a representation dated 26.08.2025. But there is no response. Under these circumstances, they have approached this Court by filing the Writ Petition. are any 3. Learned Assistant Government Pleader appearing for the 3'^^ respondent therein, submitted before the learned single Judge that police conducted coordination meeting with all the concerned parties and issued I the route map to be followed. He further contends that an incident had occurred on 05.09.2011 during the procession communal clashes took 5 place between two different communities near the Madina Mosque. As a result, a curfew was imposed in Adoni town, and 39 communal riot cases were registered in Adoni town. In view of the said factual position. permitting the procession as requested by the petitioner, in his representation dated 26.08.2025 is against to the public interest and it will create law and order problem. Considering the submissions of learned counsel on both sides, and in 4. the tight of the judgment of the Hon’ble Division Bench of the Madras High Court in W.A.Nos.743 and 2064 of 2019, the said Writ Petition is disposed of by the learned single Judge with certain directions by order dated 29.08.2025. Aggrieved by the same present Appeal is filed. 5. Heard learned Special Government Pleader appearing for the learned 6. St Advocate General and Mr. J. V. Phaniduth, learned counsel for the 1 respondent-Writ petitioner. Having heard the respective counsels and on careful examination of 7. the material available on record, it reveals that though some unwarranted and untoward incident occurred in the year 2011, there is no material placed before us to accept the contention of the learned Special Government Pleader that there is some sensitive situation in that area at present to permit the petitioner to proceed with the procession in the route, wherein they are being followed for several years. Besides this, it is the duty of the state and the Police department to provide adequate security to maintain" law and order, while such religious precessions public. As rightly held by the Division Bench of the Madras are being undertaken by the High Court that merely because mere is one place of worship belonging to other religious group, the same cannot be a ground to decline/deny permission to conduct procession including religious procession of other religions to those roads or streets. go through 8. We have no other option except to accept the proposition of law laid down by the Division Bench of Madras High Court, in the light of the declaration of all roads or streets which are 'secular' should be used as roads by all the people, irrespective of religion, caste or creed. 9. However, it is the responsibility of the writ petitioner also to I to conduct procession, without insulting the other religious without raising any slogans against other religious sentiments and to disturb the public, law and order. take steps sentiments and groups, to affect their 10. In view of the above, in our considered view, the order passed by the learned single judge, directing the respondents therein petitioner in carrying out dhe procession of the Lord Vinayaka immersion in the canal via Arts College, Sri Krishna Devalayam, Emmiganur Circle, Sri Anantha Mangala Anjaneyaswamy Temple, Nirmala Talkies, II Town Police Station, Srinivasa Bhavan, and Kotta Bridge in Adoni town, is in accordance with law and interference of this Court is not warranted. to facilitate the idols for 7 ' 11. It is made it clear that it is the duty of the Police department to take necessary steps to ensure peaceful procession, by deploying sufficient police personnel to maintain the law apd order, to protect the public interest. 12. With the above observations, the Writ Appeal is dismissed. There . shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. qri/-K TATA RAO qEPUT|^ REGiSTRAR //TRUE COPY// To, 1. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT] 2. Two CCs. to GP For Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 3. One CC to Sri. J.V.Phaniduth, Advocate [OPUC] 4. Two CD Copies. AL M. VO- TL HIGH COURT DATED:30/08/2025 JUDGMENT ^ 0 9 SEP 2025 Sectigg^'^ WA NO. 950 OF 2025 x> tP - . |r»*k • Co DISMISSING THE W.A. WITHOUT COSTS