Geddam Vijaya Harsha Kumar Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Geddam Vijaya Harsha Kumar Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with terms: the petitioner is at liberty to file a fresh written representation with all prerequisites before the 2nd respondent-Superintendent of Police, Rajamahendravaram, East Godavari District, who is directed to decide it in accordance with law preferably within four weeks of receipt; no order as to costs; miscellaneous petitions, pending if any, stood closed.

Issue for consideration

Whether the inaction of respondent Nos. 2 and 5 on the petitioner's request for permission to conduct a prayer meeting in memory of Mr. Praveen Pagadala scheduled for 24.05.2025 at Rajahmundry is illegal, irregular, irrational, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and of the Andhra Pradesh Police Act, 1991 and the Andhra Pradesh Police Manual Rules, warranting mandamus to grant the permission with deployment of police staff. +1 more

Court's answer

In the event of the petitioner filing a written representation with all prerequisites, the 2nd respondent-Superintendent of Police, Rajamahendravaram, East Godavari District, is directed to dispose of the same in accordance with law, preferably within four weeks from the date of receipt of such representation.

Ratio / Principle

Instead of keeping the writ petition pending, and taking into consideration the submissions made by the respective counsel, the Court deemed it fit and proper to dispose of the writ petition with terms.

Detailed headnote1 paragraphs

Writ Petition No. 13811 of 2025 (Art. 226) by Geddam Vijaya Harsha Kumar before the High Court of Andhra Pradesh at Amaravati sought mandamus against respondents 2 and 5 for their inaction on permission sought to conduct a prayer meeting in memory of Mr. Praveen Pagadala scheduled for 24.05.2025 at Rajahmundry, alleging violation of Articles 14, 19 and 21 of the Constitution and of the Andhra Pradesh Police Act, 1991 and the Police Manual Rules. Having earlier, on 22.05.2025, adjourned the matter for the Government Pleader's instructions, and with counsel now seeking withdrawal with liberty to file a fresh representation before the Superintendent of Police, Rajamahendravaram, East Godavari District (the Government Pleader urging the cause did not survive due to efflux of time), the Court disposed of the petition instead of keeping it pending: on filing of a written representation with all prerequisites, the Superintendent of Police is directed to dispose of it in accordance with law, preferably within four weeks of receipt; no order as to costs; pending miscellaneous petitions closed. No merits were adjudicated and no precedent was cited.

APHC010276172025

[3504]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 13811/2025

Between: Geddam Vijaya Harsha Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BALAIAH B Counsel for the Respondent(S): 1. GP FOR HOME

The Court made the following:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-

“…to issue a writ order or direction, more particularly one in the nature of writ of mandamus declaring the inaction of respondents nos.2 and 5 the petitioner seeking permission for conduct a prayer meeting in memory of Mr. Praveen Pagadala, Schedule on 24.05.2025 at Rajahmundry, as illegal, irregular, irrational, arbitrary, unreasonable and voilation of princples of natural justice and offends Articles 14, 19 &21 of Constitution of India and contrary and violation of Andhra Pradesh Police Act, 1991 and Andhra Pradesh Police Manual Rules, Consequently direct the respondents nos.2 and 5 to grant the necessary permission and deployment of police staff and direct the respondents to comply with statutory obligations under the Andhra Pradesh Police Act, 1991 and Police Manual Rules for conducting the prayer meeting scheduled on 24.05.2025 at Rajahmundry and pass .…”

Heard, learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents.

On 22.05.2025, this Court has adjourned the matter for getting instructions by the learned Government Pleader, thus the matter is listed today.

Today, when the matter is taken up for hearing, the learned counsel for the petitioner submits in view of the subsequent events took place in the lis, he seeks permissions of this Court to withdraw the instant writ petition with a liberty to file a fresh representation before the 2^nd respondent-Superintendant of Police, Rajamahendravaram, East Godavari District., with all prerequisites for conduct of public meeting in the memory of Sri Praveen Pagadala and the same may be disposed, at the earliest.

Conversely, the learned Government Pleader for Home submits that due to efflux of time, the cause in the writ petition does not survive.

Taking into consideration the above submissions made by the respective counsel, this Court instead of keeping this writ petition pending, deems it fit and proper to dispose of the instant writ petition with the following terms:-

In the event of filing written representation with all prerequisites by the petitioner, the 2^nd respondentSuperintendent of Police, Rajamahendravaram, East Godavari District., is directed to dispose of the same, in accordance with Law, preferably within a period of four (4) weeks, from the date of receipt of such representation of the petitioner.

There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.

____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM

Date: 05.06.2025 SRT/GVK

27

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION NO: 13811 of 2025

Date: 05.06.2025 SRT