APHC010424652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21961/2024 Between: 1. DIPPALA POTTAYYA, S/O SURAIAH, AGED ABOUT 28 YEARS, R/O KURUKUTTI VILLAGE, SALURU MANDAL, PARVATHIPURAM MANYAM (VIZIANAGARAM) DISTRICT. 2. MUVVALA PUSHPA RAO,, S/O RAJA RAO, AGED ABOUT 26 YEARS, R/O JAGGUDORAVALSA VILLAGE, THUNDA POST, SALURU MANDAL, PARVATHIPURAM MANYAM (VIZIANAGARAM) DISTRICT. 3. RAYAGADA SUDHARSHANA RAYUDU,, S/O APPA RAO, AGED ABOUT 29 YEARS, R/O DARAVALASA VILLAGE, KANNEKOTA PANCHAYAT, KOMARADA MANDAL, PARVATHIPURAM MANYAM (VIZIANAGARAM) DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM (VIZIANAGARAM) DISTRICT, PARVATHIPURAM. 3. THE SUPERINTENDENT OF POLICE, PARVATHIPURAM, PARVATHIPURAM MANYAM (VIZIANAGARAM) DISTRICT. 4. THE STATION HOUSE OFFICER, ELWINPET, GUMMALAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM (VIZIANAGARAM) DISTRICT. 5. THOYAKA JAGADEESWARI, W/O SANYASI NAIDU, M.L.A.- KURUPAM CONSTANCY, AGED ABOUT 39 YEARS, R/O D.NO. 1- 17, MAIN STREET, TADIKONDA VILLAGE, GUMMALAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM (VIZIANAGARAM) DISTRICT. ...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 tomay be pleased to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents 2 to 4 on the Petitioners complaint dt. 17-09-2024 against the 5th Respondent, who deliberately insulted the Indian National Flag on 15-08- 2024 at her camp office in G.L.Puram Village and Mandal, Parvathipuram Manyam (Vizianagaram) District, is illegal, arbitrary, unjust, violation of provisions of Prevention of Insults to the National Honour Act, 1971 and fundamental rights to protect the honour of the National Flag and consequently direct the Respondents 2 to 4 to take necessary action on the Petitioners complaint dt. 17-09-2024 against the 5th Respondent for insulting the Indian National Flag on 15-08-2024 at her camp office in G.L.Puram Village and Mandal, Parvathipuram Manyam (Vizianagaram) District and pass Counsel for the Petitioner(S): 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21961/2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…inaction of the Respondents 2 to 4 on the Petitioners complaint dt. 17-09-2024 against the 5th Respondent, who deliberately insulted the Indian National Flag on 15-08-2024 at her camp office in G.L.Puram Village and Mandal, Parvathipuram Manyam (Vizianagaram) District, is illegal, arbitrary, unjust, violation of provisions of Prevention of Insults to the National Honour Act, 1971 and fundamental rights to protect the honour of the National Flag and consequently direct the Respondents 2 to 4 to take necessary action on the Petitioners complaint dt. 17-09- 2024 against the 5th Respondent for insulting the Indian National Flag on 15-08-2024 at her camp office in G.L.Puram Village and Mandal, Parvathipuram Manyam (Vizianagaram) District..…= 2. Heard Sri A.Syam Sundar Reddy, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the official respondents. 3. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that the 4th respondent conducted a preliminary enquiry into the complaint, which was completed within 14 days and submitted to the SDPO, Palakonda. The enquiry concluded that the petition was false and baseless. The flag hoisting ceremony was arranged by the local village committee and not by the MLA, Smt. Thoyaka Jagadeeswari. The MLA was invited to hoist the flag, and the incident of the flag being unfurled saffron down occurred due to the entanglement of the rope, without any deliberate intention. Consequently, the SDPO directed closure of the petition, and the petitioners were duly informed. 4. The learned counsel for the petitioner would submit that the court may pass appropriate orders. 5. Recording the above said submission, this Writ Petition is disposed of. 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: 03.12.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21961/2024 Dated.03.12.2025 KKV 117 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: WRIT PETITION NO: 21961/2024 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 03.12.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV