LAMBODARA CHARITABLE TRUST v. THE STATE OF ANDHRA PRADESH
WP/23267/2025 · 2025-09-03
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31429 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31429 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
0 ♦H APHC010459952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S' THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23267 OF 2025 Between: Lambodara Charitable Trust, Rep. by its Trust Chairman M.SrinivasRao, S/o. Late Apparao, Aged about 44 years, Occ: Trust Chairman, R/o. D.No.65-4- 199/5, Kottanakkavanipalem, Malkapuram Post, Visakhapatnam, Andhra Pradesh. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati - 522237. 2. The Commissioner of Police, Visakapatnam City Police Commissionerate, Maharanipeta, Visakhapatnam, A.P. - 530002. 3. The Assistant Commissioner of Police, Gajuvaka, Visakhapatnam. 4. The Station House Officer, Gajuvaka P.S., Visakhapatnam, Visakhapatnam District Andhra Pradesh. 5. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam District Andhra Pradesh. ...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 a writ, order, or direction, particularly a writ of Mandamus, declaring the action of the Respondents herein more particularly Respondent
Nos.3 and 4 in interfering and obstructing with the activities of the Petitioner run exhibition in the name and style of Lambodharaya Charitable Trust at vacant site in Sy.No.39/4B, 3B, 7A, Kothanakkavanipale m, near Coromandel gate Sriharipuram, Visakhapatnam for the period from 27.08.2025 to 17.09.2025 (22 days) after duly obtaining Permission / No Objection Certificate by threating to close the same as highly arbitrary, unreasonable, illegal and colourable exercise of power and violative of the principles of natural justice, and fundamental rights guaranteed under Articles 14, 19 (1) (a), 19 (1)(b), 21 and 25 of the Constitution of India and consequently direct the Respondents not interfere and obstruct the Petitioner run exhibition in the name and style of Lambodharaya Charitable Trust at vacant site in Sy.No.39/4B, 3B, 7A, Kothanakkavanipalem, near Coromandel gate Sriharipuram,Visakhapatnam for the period from 27.08.2025 to 17.09.2025 (22 days).
lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Nos.2 to 4 not interfere and obstruct the Petitioner run exhibition in the name and style of “Lambodharaya Charitable Trust” at vacant site in Sy.No.39/4B, 3B, 7A, Kothanakkavanipalem, near Visakhapatnam for the period from Coromandel gate Sriharipuram 27.08.2025 to 17.09.2025 (22 days), pending disposal of the main Writ Petition. Counsel for the Petitioner: SMT. VEERAMANI KUKKALA Counsel for the Respondent Nos.1 to 4 : SRI V. FAROOQ, ASST.GP FOR HOME Counsel for the Respondent No.5 : SRI A.S.C. BOSE, SC FOR GVMC The Court made the following order:
APHC010459952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY.THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 23267/2025 Between: 1.LAMBODARA CHARITABLE TRUST, REP. BY ITS TRUST CHAIRMAN M.SRINIVAS RAO, S/0. LATE APPARAO, AGED ABOUT 44 YEARS, OCC TRUST CHAIRMAN, R/0. D.NO.65-4- KOTTANAKKAVANIPALEM, MALKAPURAM POST, 199/5, VISAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATI - 522237. KHAPATNAM DISTRICT ANDHRA PRADESH. 2.THE COMMISSIONER OF POLICE COMMISSIONERATE, VISAKHAPATNAM, A.P. - 530002. 3.THE ASSISTANT COMMISSIONER OF POLICE, GAJUVAKA, VISAKHAPATNAM. 4.THE STATION HOUSE OFFICER, GAJUVAKA P.S., VISAKHAPATNAM, VISAKHAPATNAM DISTRICT ANDHRA PRADESH. 5.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER,VISA VISAKAPATNAM CITY MAHARANIPETA, POLICE ...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 to issue a writ,
order, or direction, particularly a writ of Mandamus, declaring the action of the Respondents herein more particularly Respondent Nos.3 and 4 in interfering and obstructing with the activities of the Petitioner run exhibition in the name and style of Lambodharaya Charitable Trust at vacant site in Sy.No.39/4B, 3B, 7A, Kothanakkavanipalem, Visakhapatnam for the period from 27.08.2025 to 17.09.2025 (22 days) Coromandel gate Sriharipuram, near
2 after duly obtaining Permission / No Objection Certificate by threating to close the same as highly arbitrary, unreasonable, illegal and colourable exercise of power and violative of the principles of natural justice, and fundamental rights guaranteed under Articles 14, 19 (1) (a), 19 (1)(b), 21 and 25 of the Constitution of India and consequently direct the Respondents not interfere and obstruct the Petitioner run exhibition in the name and style of Lambodharaya Charitable Trust at vacant site in Sy.No.39/4B, 3B, 7A, Kothanakkavanipalem, near Coromandel gate Sriharipuram,Visakhapatnam for the period from 27.08.2025 to 17.09.2025 (22 days) and pass such Counsel for the Petitioner:
1.VEERAMANI KUKKALA Counsel for the Respondent(S):
1.GP FOR HOME The Court made the following:
ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief;
" .... to issue a writ,
order, or direction, particuiarly a writ of Mandamus, declaring the action of the Respondents herein more particulariy Respondent Nos.3 and 4 in interfering and obstructing with the activities of the Petitioner run exhibition in the name and styie of Lambodharaya at vacant site in Sy.No.39/4B, 3B, 7A, Charitable Kothanakkavanipalem, near Coromandel gate Sriharipuram, Visakhapatnam for the period from 27.08.2025 to 17.09.2025 (22 days) after duly obtaining Permission / No Objection Certificate by threating to close the highly arbitrary, unreasonable, illegal and colourable exercise of power and violative of the principles of natural justice, and fundamental rights guaranteed under Articles 14, 19 (1) (a), 19 (l)(bX 21 and 25 of the Constitution of India and consequently direct the Respondents not interfere and obstruct the Petitioner run exhibition in the name and style of Lambodharaya Charitable Trust at vacant site in Sy.No.39/4B, 3B, 7A, Kothanakkavanipalem, near Coromandel gate Sriharipuram,Visakhapa tnam for the period from 27.08.2025 to 17.09.2025 (22 days) and pass such ...." Trust same as
3
2. Heard Smt.K.Veeramani,
learned counsel for the Petitioner Sri V.Farooq, learned Assistant Government Pleader Respondent Home. Perused the material and for Home appearing for on record.
3. Learned Assistant Government Pleader Home light of the interim order passed by this Court no further orders are would submit that in the on 01.09.2025 in lA No.l of 2025 necessary in this Writ Petition.
4. Learned counsel for the Petitioner submission, this Writ Petition
5. In that view, this Writ Petition would submit that recording the may be disposed of by passing appropriate orders. is disposed of by making the interim parties are directed conducting Ganesh Utsavam keeping in passed on 01.09.2025 in lA No.l of 2025 as absolute. Both to maintain decency and decorum while view the communal harmony. No order as to costs. Pending applications, if any, shall stand closed.
Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// '4 fSECTION OFFICER To,
1. The Principal Secretary, Home Department, State of Andhra Secretariat, Velagapudi, Amaravati Pradesh, - 522237. Visakhapatnam District Andhra Pradesh.
2. The Commissioner of Police, Visakapatnam Commissionerate, Maharanipeta, Visakhapatnam, A.P. City Police - 530002.
3. The Assistant Commissioner of Police, Gajuvaka, Visakhapatnam
4. The Station House Officer, Visakhapatnam District Andhra Pradesh. Gajuvaka P.S., Visakhapatnam,
5. The Commissioner, Greater Visakhapatnam Municipal Visakhapatnam District Andhra Pradesh.
6. One CC to Smt. Veeramani Kukkala, Advocate [OPUC]
7. Two CCs to GP for Home, High Court of Andhra Pradesh
8. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC)
9. Two CD Copies Cnr Corporation, [OUT]
HIGH COURT DATED:04/09/2025
ORDER WP NO. 23267 OF 2025 g( 0 k SEP 2025 ntSectionxV^ DISPOSING OF THE W.P.
WITHOUT COSTS