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2025 DAILYLAW 42896 (AP)

Savara Minnarao v. The State of Andhra Pradesh,

WP/33776/2025 · 2025-12-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010653022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33776/2025 Between: 1. SAVARA MINNARAO, , S/O LATE SUKKAIAH, AGE 44 YEARS, OCC FARMER, R/O 3-5, VENNELAVAIASA VILLAGE, SARIBUJJILI MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH, PIN CODE- 532458. 2. SAVARA SIMHACHALAM,, S/O CHUKKAIAH, AGE 35 YEARS, OCC FARMER, R/O 8-10, ADDURIPETA VILLAGE,BOORJA MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH, PIN CODE- 532445. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT, SRIKAKULAM. 3. THE SUB DIVISIONAL POLICE OFFICER, SRIKAKULAM SUB DIVISION, SRIKAKULAM. ...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 more particularly one in the nature of Writ of Mandamus declaring the action on the part of the 3rd Respondent in not taking any action on the application filed by the 1st Petitioner, vide 2 Application Number. PEB012500351110, seeking permission to take out a procession, with a provision for using microphone(s), in Saribujjili Town in Srikakulam District by residents of villages surrounding Saribujjili and Boorja in Srikakulam District and members of Thermal Power Plant Vyathirekha Porata Committee to demand the Government of Andhra Pradesh to roll the application filed by the 1St back plans to establish a 3200 Mega Watts coal- based Thermal Power Plant in Boorja and Saribujjili Mandals in Srikakulam District, and also the action of the 3rd Respondent in continuously refusing to accord permission to carry out the said procession, despite receiving applications dated 24.10.2025, vide Application Number. PEB012500349132, filed by the 2nd Petitioner, and 11.11.2025, vide Application Number. PEB012500350180, filed by the 2nd Petitioner, as illegal, arbitrary, contrary to The Police Act, 1861 and The Andhra Pradesh Police Manual, 2017, and violative of Article 19 (1) (a), 19 (1) (b) and 19 (1) (d) of the Constitution of India IA 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 3rd Respondent to pass orders forthwith on the application submitted by the 1st Petitioner, 26.11.2025, vide Application Number. PEB012500351110, pending disposal of the writ petition Counsel for the Petitioner(S): 1. GUTTA ROHITH Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33776 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the 3rd Respondent in not taking any action on the application filed by the 1st Petitioner, vide Application Number. PEB012500351110, seeking permission to take out a procession, with a provision for using microphone(s), in Saribujjili Town in Srikakulam District by residents of villages surrounding Saribujjili and Boorja in Srikakulam District and members of Thermal Power Plant Vyathirekha Porata Committee to demand the Government of Andhra Pradesh to roll the application filed by the 1St back plans to establish a 3200 Mega Watts coal- based Thermal Power Plant in Boorja and Saribujjili Mandals in Srikakulam District, and also the action of the 3rd Respondent in continuously refusing to accord permission to carry out the said procession, despite receiving applications dated 24.10.2025, vide Application Number. PEB012500349132, filed by the 2nd Petitioner, and 11.11.2025, vide Application Number. PEB012500350180, filed by the 2nd Petitioner, as illegal, arbitrary, contrary to The Police Act, 1861 and The Andhra Pradesh Police Manual, 2017, and violative of Article 19 (1) (a), 19 (1) (b) and 19 (1) (d) of the Constitution of India.…” 2. Heard Sri Gutta Rohith, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioners would submit that the petitioner No.1 has submitted an application dated 26.11.2025 vide Application Number. PEB012500351110, seeking to take out a procession, with a provision for 4 using microphone(s), in Saribujjili Town in Srikakulam District by residents of villages surrounding Saribujjili and Boorja in Srikakulam District. But there is no response from the respondent police. 4. Learned Assistant Government Pleader for Home sought time for getting instructions in this matter. 5. Considering the submissions, this Writ Petition is disposed of. However, the Respondent No.3/the SDPO, Srikakulam, is directed to take a decision on the application made by the petitioners dated 26.11.2025 according to Governing Rules and Law, if not already considered, by 06.12.2025. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.33776 of 2025 Dated.04.12.2025 UPS 15