APHC010478632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24289/2025 Between: NTTPS TIPPER LORRY OWENERS SOCIETY, (REG NO 417 OF 2022) REP. BY ITS PRESIDENT KOYA VENKAT RAO, S/O. K. CHALAPATHI RAO AGED 67 YEARS, R/O. FLAT NO. 102, SRI NIDHI HEIGHTS, PATA GATE, VTPS ROAD IBRAHIMPATNAM, NTR DISTRICT- 521456 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT,VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VIJAYAWADA, NTR DISTRICT 3. THE STATION HOUSE OFFICER, IBRAHIMPATNAM POLICE STATION IBRAHIMPATNAM, NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. K V ADITYA CHOWDARY 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 Respondent No.2 and 3 in refusing to give permission to petitioner society to go for Rally from Killa Road, Ash Pond to VTPS Old Gate and to start Relay Fast adjacent to VTPS old Gate, beside Dr. B.R. Ambedkar Statue from morning 9.00AM to 5.00PM everyday as illegal, arbitrary, unconstitutional and consequently direct the Respondent No.2 and 3 to grant permission to go for Rally from Killa Road, Ash Pond to VTPS Old Gate and to start Relay Fast adjacent to VTPS 2 old Gate, beside Dr. B.R. Ambedkar Statue from morning 9.00 AM to 5.00 PM.” 2. Sri K.V.Aditya Chowdary, learned counsel for the Petitioner would submit that, Dr.Narla Tata Rao Thermal Power Plant (for short ‘NTTPS’) which is a coal based thermal plant generates lot of ash which destroys the agriculture and livelihood of the villagers. Inspite of several representations of the villagers, as the NTTPS authorities have not taken any action for removal of the ash, with the consent of the Officers of NTTPS, the members of the Petitioner – Society along with the villagers, have been removing the said ash with their own expenses from the past 30 years. Learned counsel would further submit that, all of a sudden, as the NTTPS issued notice inviting tenders for comprehensive as disposal, and as the same affects the livelihood of the families of the Members of the Petitioner – Society, they approached the NTTPS authorities to consider their grievance. However, the same was not considered. Therefore, to bring the same to the notice of the public, the members of the Petitioner – Society intend to take up democratic agitation in a peaceful manner without obstruction or causing any inconvenience to anyone and approached the Respondent – Police and submitted a representation dated 05.09.2025 seeking permission for conducting rally from Killa Road, Ash Pond to VTPS Old Gate and to start Relay Fast adjacent to VTPS old Gate, beside Dr.B.R.Ambedkar Statue from 9.00 a.m., to 5.00 p.m. However, the said representation was rejected anticipating untoward incidents and law and order problem. Learned counsel would further submit that, right to protest is 3 the part of freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India. 3. Ms.A.Jayanthi, learned Government Pleader for Home, on written instructions, would submit that, Ibrahimpatnam is a major four road junction on NH 65 and most of the people come to Vijayawada every day from faraway places to the hospitals, colleges and jobs etc., and the same is a busy locality. It is further submitted that if permission is granted, there is every possibility of traffic jam and law and order problem. However, learned Government Pleader would submit that the Court may pass appropriate orders. 4. 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. 5. In the instant case, the members of the Petitioner-Society intend to protest in a democratic and peaceful manner against the issuance of notice inviting tenders by the NTTPS for comprehensive ash disposal, by way of rally from Killa Road, Ash Pond to VTPS Old Gate and to start Relay Fast adjacent to VTPS old Gate, beside Dr.B.R.Ambedkar Statue from 9.00 a.m., to 5.00 p.m., 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 protest peacefully and they should not resort to any violence during the said visit. 4 6. Considering the submissions made, the Writ Petition is disposed of. Petitioner is permitted to conduct rally from Killa Road, Ash Pond to VTPS Old Gate at Ibrahimpatnam, NTR District on 27.09.2025 from 9.00 a.m., to 11.00 a.m., with not more than 300 members, in a peaceful manner, and to start Relay Fast beside Dr.B.R.Ambedkar statue, Ibrahimpatnam, NTR District from 8.00 a.m., to 6.00 p.m every day from 28.09.2025 with not more than 20 persons. Police are directed to take necessary precautions to see that the said rally and the relay fast 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:19.09.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.24289 of 2025 Dt.19.09.2025 Dinesh