1 Date of reserved for orders : -- Date of pronouncement : 03.07.2026 Date of uploading : 03.07.2026 APHC010336432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17691/2026 Between: 1. DEVATHOTI SUNDARAH, S/O. SRI NAGAIAH, AGED 61 YEARS, R/O. D.NO.6-28-2, SANTHARAVURU, PRAKASAM, PRAKASAM (BAPATLA) DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522238. 2. THE SUPERINTENDENT OF POLICE, BAPATIA, BAPATIA DISTRICT- 522101. 3. DEPUTY SUPERINTENDENT OF POLICE, BAPATLA, BAPATIA DISTRICT 522101. 4. THE STATION HOUSE OFFICER, BAPATLA TOWN POLICE STATION, BAPATLA, BAPATLA DISTRICT-522101 ...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 2 pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the proceedings dated 30.06.2026 issued by the 3rd respondent, rejecting the petitioners application for permission to conduct a peaceful rally on 04.07.2026 from William Booth College to Dr. B.R. Ambedkar Statue, Bapatia, as illegal, arbitrary, unreasonable, violative of Articles 14, 19 (1)(a), 19 (1) (b) and 19 (1) (d) and 21 of the Constitution of India and judgment of Honble supreme court of India in Himat Lai K.shah Vs Commissioner of Police (1973 (1) SCC 227) apd contrary to the principles of natural justice and the settled law governing the right to peaceful assembly, and consequently set aside the proceedings dated 30.06.2026 issued by the 3rd respondent and direct the Respondents to permit the petitioner to conduct the proposed peaceful rally on 04.07.2026 from William Booth College to Dr. B.R. Ambedkar Statue, Bapatla, and pass IA NO: 1 OF 2026 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 suspend the proceedings dated 30.06.2026 issued by the 3rd respondent forthwith direct the respondents to permit the petitioner to conduct the peaceful rally on 04.07.2026 from William Booth College to Dr. B.R. Ambedkar Statue, Bapatia, and pass Counsel for the Petitioner: 1. BHARGAV THIMMARAJU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17691 of 2026 ORDER:- The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “….to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the proceedings dated 30.06.2026 issued by the 3rd respondent, rejecting the petitioners application for permission to conduct a peaceful rally on 04.07.2026 from William Booth College to Dr. B.R. Ambedkar Statue, Bapatia, as illegal, arbitrary, unreasonable, violative of Articles 14, 19 (1)(a), 19 (1) (b) and 19 (1) (d) and 21 of the Constitution of India and judgment of Hon’ble supreme court of India in Himat Lai K.shah Vs Commissioner of Police (1973 (1) SCC 227) apd contrary to the principles of natural justice and the settled law governing the right to peaceful assembly, and consequently set aside the proceedings dated 30.06.2026 issued by the 3rd respondent and direct the Respondents to permit the petitioner to conduct the proposed peaceful rally on 04.07.2026 from William Booth College to Dr. B.R. Ambedkar Statue, Bapatla, and pass….” 2. When the matter is taken up for hearing, the learned Assistant Government Pleader for Home seeks pass over to get instructions from the concerned respondent/police authorities. Accordingly, the matter is pass over. 3. Thereafter, when the matter is taken up for hearing at 04.50 pm, learned Assistant Government Pleader for Home furnished the written instructions dated 03.07.2026 of respondent No.3 which reads as under: 4 “It is respectfully submitted that the respondents have no objection to the petitioner holding a peaceful public meeting for expressing his views and grievances. However, instead of conducting a rally through the busy public roads of Bapatla Town, it is suggested that the petitioner may conduct a peaceful public meeting at the American Baptist Missions Open Ground, Bapatla. Conducting the programme at the said venue would enable the respondent police to make adequate bandobust arrangements, regular the gathering effectively, and ensure proper maintenance of law and order, public peace and traffic without causing inconvenience to the general public. The respondents are prepared to provide necessary police protection and bandobust for such a peaceful meeting, subject to reasonable conditions as may be imposed by the competent authority.” 4. Copy of written instructions has been served on learned counsel for the petitioner. 5. Upon perusing the same, learned counsel for the petitioner fairly submits that the petitioner will approach respondent No.3 for redressal of his grievance. 5. Having regard to the submissions made by the learned counsel for the petitioner as well as learned Assistant Government Pleader for Home and on perusal of the written instructions dated 03.07.2026 submitted by respondent No.4 on record, the Writ Petition is disposed of with the following terms:- 5 i) The petitioner is directed to approach respondent No.3/Deputy Superintendent of Police, Bapatla, Bapatla District, by submitting a written representation containing all relevant particulars and complying with all the prerequisites, including details of the number of persons who are expected to participate in the event and such other information, as may be necessary for consideration of the request. ii) Upon receipt of such representation, respondent No. 3/Deputy Superintendent of Police, Bapatla, Bapatla District, shall consider the same in accordance with law, keeping in view the constitutional principles in their true letter and spirit, without imposing any unwarranted restrictions and pass a reasoned written order and communicate the same to the petitioner through WhatsApp, e-mail, or by physical service, as the case may be. iii) The learned Assistant Government Pleader for Home, who is present before the Court, is directed to communicate the purport of this order to the respondent/police authorities, more particularly respondent No. 3, forthwith. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 03.07.2026 RMR Whether the order is : Speaking ☑ Reasoned Reportable Non-reportable ☑ 6 68 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17691 of 2026 03.07.2026 W RMR