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2025 DAILYLAW 31685 (AP)

SANAGA ASHOK KUMAR v. THE STATE OF AP

WP/23409/2025 · 2025-09-01

Venkata Jyothirmai Pratapa

body2025

Judgment text

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- 'm t- • APHC010461912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 23409 OF 2025 Between: Sanaga Ashok Kumar, S/o.Pedda Mastanaiah, Aged about 31 Years, Occ: Advocate, R/o.D.No.112-1NP-135, Nancharampeta Village, Chillakur Mandal of Tirupati District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P Secretariat Buildings, Velagapudi, Amaravati Guntur District, Andhra Pradesh. 2. The Director General of Police, Mangalagiri, Guntur District, Andhra Pradesh. 3. The Superintendent of Police, Tirupati, Tirupati District, Andhra Pradesh. 4. The Station House Officer, Chillakur Police Station, Chillakur, Tirupati 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 an appropriate Direction, Order or Writ in the NATURE OF MANDAMUS declaring the inaction of the respondents in granting permission and providing adequate police protection to organize and carry out (conduct) deity Vinayakas festival related cultural events such as concert of devotional music & dance near Pandal (Vinayaka Mandapam) at Harijanawada, Nancharampeta Village, Chillakur Mandal of Tirupati District in spite of written representation dated 30-08-2025 as illegal arbitrary, unjust, violation of Articles 14, 19, 21 and 25 of the Constitution of India, the mandate of the law and consequently directing the respondents to forthwith give permission and adequate police protection for conducting Lord Ganesh’s festival related cultural events such as concert of devotional music & dance near Pandal (Vinayaka Mandapam) at Village, Chillakur Mandal of Tirupati District, scheduled to be conducted 03-09-2025, between 07;00 PM to 10:00 PM in the interest of justice. 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 direct the respondents to forthwith give permission and adequate police protection for conducting Lord Ganesha’s festival related cultural events such as concert of devotional music & dance near Pandal (Vinayaka Mandapam) at Harijanawada, Nancharampeta Village, Chillakur Mandal of Tirupati District, scheduled to be conducted on 03-09-2025, between 07:00 PM to 10:00 PM in the interest of justice. Counsel for the Petitioner: SRI MOJJADA HARI KRISHNA Counsel for the Respondents: ASST.GP FOR HOME The Court made the following order: Harijanawada, Nancharampeta on APHC010461912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONBLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA [3396] WRIT PETITION NO: 23409/2025 Between: 1.SANAGA ASHOK KUMAR, S/0 PEDDA MASTANAIAH, AGED ABOUT 31 Y, OCC ADVOCATE, R/OD.NO.112-1 NP-135, NANCHARAMPETA VILLAGE, CHILLAKUR MANDAL OF TIRUPATI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI, AMARAVATI PRADESH. 2.THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3.THE SUPERINTENDENT OF POLICE, TIRUPATI, TIRUPATI DISTRICT, ANDHRA PRADESH. 4.THE STATION HOUSE OFFICER, CHILLAKUR POLICE STATION, CHILLAKUR, TIRUPATI DISTRICT, ANDHRA PRADESH. A.P SECRETARIAT BUILDINGS, GUNTUR DISTRICT, ANDHRA ...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 an appropriate Direction, Order or Writ in the nature of Mandamus declaring the inaction of the respondents in granting permission and providing adequate police protection to organize and carry out (conduct) deity Vinayakas festival related cultural events such as concert of devotional music and dance near Pandal (Vinayaka Mandapam) at Harijanawada, Nancharampeta Village, Chillakur Mandal of Tirupati District in spite of written representation dated 30-08-2025 as illegal arbitrary, unjust, violation of Articles 14, 19, 21 and 25 of the Constitution of India, the mandate of the law and consequently directing the respondents to forthwith give permission and adequate police protection for conducting lord Ganeshas festival related cultural events such as concert of devotional music and dance near Pandal (Vinayaka Mandapam) 2 at Harijanawada, Nancharampeta Village, Chillakur Mandal of Tirupati District, scheduled to be conducted on 03-09-2025, between 07 00 PM 10 00 PM in the interest of justice and pass Counsel for the Petitioner: 1.MOJJADA HARI KRISHNA Counsel for the Respondent(S): 1.GP FOR HOME to 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 an appropriate Direction, Order or Writ in the nature of Mandamus declaring the inaction of the respondents in granting permission and providing adequate police protection to organize and carry out (conduct) deity Vinayakas festival related cultural events such as concert of devotional music and dance near Pandal (Vinayaka Mandapam) at Harijanawada, Nancharampeta Village, Chillakur Mandal of Tirupati District in spite of written representation dated 30.08.2025 as illegal arbitrary unjust, violation of Articles 14, 19, 21 and 25 of the Constitution of India' the mandate of the law and consequently directing the respondents to forthwith give permission and adequate police protection for conducting lord Ganeshas festival related cultural events such as concert of devotional music and dance near Pandal (Vinayaka Mandapam) at Harijanawada, Nancharampeta Village, Chillakur Mandal of Tirupati District, scheduled to be conducted on 03.09.2025, between 07.00 PM to 10.00 PM in the interest of justice and pass ...." 2. Learned counsel for the Petitioner would submit that the Petitioner made a representation dated 30.08.2025 to the respondent authorities seeking permission to organise a Paata kacheri (musical evening) in the Vinayaka Mandapam in the village as part of Vinayakachavithi Celebrations. Learned counsel would submit that this Writ Petition may be disposed of by directing 3 “i respondent Police to pass appropriate orders on the representation of the Petitioner. 3. Learned Assistant Government Pleader for Home would submit that this Writ Petition may be disposed of by passing appropriate orders in this Writ Petition. 4. Considering the submissions and having regard to the facts and circumstances of the case, respondent authorities are directed to consider the representation dated 30.08.2025 of the Petitioner and pass appropriate orders according to the governing rules and law and also, monitor the programme to avoid any untoward incidents on the date of event and without causing any disturbance to the public. Petitioner is directed to follow the societal norms while conducting the musical event on the eve of Ganesh Utsavam on the date of event. 5. With the above direction, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR ^^FFICER //TRUE COPY// SECTI To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati Guntur District. 2. The Director General of Police, Mangalagiri, Guntur District, Andhra Pradesh. 3. The Superintendent of Police, Tirupati, Tirupati District, Andhra Pradesh. 4. The Station House Officer, Chillakur Police Station, Chillakur, Tirupati District, Andhra Pradesh. 5. One CC to Sri Mojjada Hari Krishna, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. prk HIGH COURT DATED:02/09/2025 ORDER WP No.23409 OF 2025 % X 0 2 SEP 2025 & Current Section ^ PfSPATCVV^-^' ml; Co, DISPOSING THE WRIT PETITION WITHOUT COSTS