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2025 DAILYLAW 48807 (AP)

P SIVA PRASAD v. THE STATE OF ANDHRA PRADESH

WP/26892/2025 · 2025-09-25

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010520652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26892 OF 2025 Between: P Siva Prasad, S/o. P. Hanumanthu, Aged about 50 years, R/o. D.No. 1-714- D, Gandhipuram, Madanapalle Town and Mandal, Chittoor District (now Annamayya District). ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principle Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, Chittoor District, now Annamayya District. 3. The District collector, Chittoor District, now Annamayya District. 4. The Sub Divisional Police Officer, Chittoor District, now Annamayya District. 5. The Tahasildar, Madanapalle Mandal, Annamayya District. 6. The Station House Officer, Madanapalle Rural Police Station, Chittoor District, now Annamayya District. Chittoor District, now ...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 any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in obstructing in performing Pooja and other Rituals which are to be performed at Buddha vihar on 02.10.2025 by the devotes peacefully as illegal, arbitrary and in violation of the Fundamental rights guaranteed under Art. 14, 19, 25 and 26 of the Constitution of India and consequently direct the respondents not to interfere with pooja and other rituals scheduled to be held on 02.10.2025 on the occasion of 'Ashoka Vijayadashami and Dr.B.R. Ambedkar Dhamma Deeshna Day' at Buddha Vihara, Buddhunikonda 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 not to interfere with pooja and other rituals scheduled to be held on 02.10.2025 on the occasion of "Ashoka Vijayadashami and Dr.B.R. Ambedkar Dhamma Deeshna Day" at Buddha Buddhunikonda pending the Writ Petition. Counsel for the Petitioner; SRI YANAGUNURU SHASHANK Vihara, Counsel for the Respondents No.1,2 ,4 & 6: GP FOR HOME Counsel for the Respondents No.3 & 5:GP FOR REVENUE The Court made the following Order; APHC010520652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HME [3396] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26892/2025 Between; 1.P SIVA PRASAD, S/O. P. HANUMANTHU, AGED ABOUT 50 YEARS, R/0. D.NO. 1-714-D, GANDHIPURAM, MADANAPALLE TOWN AND MANDAL, CHITTOOR DISTRICT (NOW ANNAMAYYA DISTRICT). ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 3.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 4.THE SUB DIVISIONAL POLICE OFFICER, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 5. THE TAHASILDAR, MADANAPALLE MANDAL DISTRICT, NOW ANNAMAYYA DISTRICT. CHITTOOR 6.THE STATION HOUSE OFFICER, MADANAPALLE RURAL POLICE STATION, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 2 & 1.YANAGUNURU SHASHANK Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE f THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WP. No, 26892 OF 2025 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India, seeking following relief: “pleased to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in obstructing in performing Pooja and other Rituals which are to be performed at Buddha vihar on 02 10 2025 by the devotes peacefully as illegal arbitrary and in violation of the Fundamental rights guaranteed under Art 14 19 25 and 26 of the Constitution of India and consequently direct the respondents not to interfere with pooja and other rituals scheduled to be held on 02 10 2025 on the occasion of Ashoka Vijayadashami and Dr B R Ambedkar Dhamma Deeshna Day at Buddha Vihara Buddhunikonda in the interest of justice and pass” Heard Sri. Yanagunuru Shasank, learned counsel for the petitioner and 2. V Farooq, learned Asst. Government Pleader for Home on behalf of the Sri respondents. Learned counsel for the petitioner would submit that the police are interfering in religious activities and obstructing the petitioner from doing pooja 3. and other rituals to be performed at Buddha Vihar, Buddhunikonda on 02.10.2025, on the occasion of “Ashoka Vijayadashami and Dr. B.R. Ambedkar Dharma Deeshna Day”. Learned Asst. Government Pleader for Home would submit that the 4. police have not interfered in the religious activities of the petitioner and would i not obstruct pooja and other rituals scheduled to be performed at Buddha^ Vihar, Buddhunikonda, on 02.10.2025. Considering the submissions made, the present petition is disposed of. However, the police are directed to take necessary steps to prevent any 5. untoward incident during the event. Sd/- K TATA RAO □eputy^^strar SECTION OFFICER //TRUE COPY// To, 1. The Principle Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, Chittoor District, now Annamayya District. 3. The District collector, Chittoor District, now Annamayya District. 4. The Sub Divisional Police Officer, Chittoor District, now Annamayya District. 5. The Tahasildar, Madanapalle Mandal, Annamayya District. 6. The Station House Officer, Madanapalle Rural Police Station, Chittoor District, now Annamayya District. 7. One CC to Sri Yanagunuru Shashank, Advocate [OPUC] 8. Two CCs to GP for HOME, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for REVENUE, High Court of Andhra Pradesh [OUT] 10. Two CD Copies Chittoor District, now vna •y. f HIGH COURT DATED:26/09/2025 ORDER WP NO. 26892 OF 2025 O' par 5 ? OCT ® gf llo it DISPOSING OF THE WRIT PETITION WITHOUT COSTS