IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HUDERABAD (Special Original Jurisdiction) WEDNESDAY, THE 6T H DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO. 16929 OF 2008 Between: D.Chandra Shakar M/s Kistamma, Aged about 45 years, Occ: Government Teach, District General Secretary, Kula Nirmulana Porata Samithi, Mahabubnagar, R/o H.No. 5-100, Ambedkar Nagar, Mahabubnagar, Mahabubnagar District … PETITIONER And : 1. The Divisional Superintendent of Police, Narayanapet, Mahabubnagar District. 2. The Superintendent of Police, Mahabubnagar District … RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an order or orders more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No.1 herein in not according permission to hold rally from Balaji Nagar to M.R.O. Kodangal via Julywada and Gandhi Nagar in pursuance of application addressed to the respondent No.1 herein dated 24.07.2008 by the petitioner herein as illegal, arbitrary, and violation of Articles 14 & 19 of the Constitution of India and pass such other order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr. V. Raghunath Counsel for the Respondent: GP for Home The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO. 16929 OF 2008 ORAL ORDER: Heard Sri Raghunath, the learned counsel for the petitioner and the learned Government Pleader for Home. The petitioner is aggrieved that the respondents have not considered the representation of the petitioner dated 24.7.2008 for grant of permission to conduct a rally from Balaji Nagar to M.R.O. Office Kodangal via Julywada and Gandhinagar for the purpose of submission of a memo of demands to the M.R.O. The representation dated 24.07.2008 by the petitioner who claims to be the District General Secretary, Kula Nirmulana Porata Samithi, Mahabubnagar, and other representationists states that one Ushanappa a Dalit resident of Nandigama village, Muddur Mandal, was killed on 3.07.2008. The Dalit organizations already represented to the Government for a neutral and comprehensive investigation into the death. It is also suspected that some other individuals had a role in the death of Ushanappa. As part of the programme of Dalit organizations to represent to the Government and to sensitize the public, a procession/rally is proposed to be held on 6.8.2008. Hence permission was sought. There being no response from the respondents to this representation the writ petition was filed. When the matter is taken up today after adjournment for admission hearing, the learned Government Pleader for Home places before this court a FAX copy of the proceedings of the Sub-Divisional Police Officer, Mahabubnagar bearing reference No. 129/Mike- SDOM/2008, dated 05.08.2008. By this order the SDPO declined grant of permission for the rally proposed to be held by the representationists including the petitioner. The reason recorded for declining the permission reads as under: ” As the proposed rally is organized against the local M.L.A. of Kodangal Sri Gurunadha Reddy and others, there is every possibility of clashes between the supporters of MLA and the group of petitioner, since the issue is sensitive and may lead to L & O problem. As such in view of prevailing situation, permission for rally is not granted to the petitioner.” The learned counsel for the petitioner would contend that the reason recorded for declining permission is perverse and constitutes an Executive subversion of the fundamental right of the petitioner to assemble peacefully as also the guaranteed right to freedom of speech. This is not the issue in the writ petition. The writ petition is filed aggrieved by the inaction. The order of the SDOP dated 5.8.2008 is passed. Whether the action is valid or invalid must be considered in appropriate proceedings. In the circumstances above, granting liberty to the petitioner to pursue appropriate remedies against the order of the SDPO dated 05.08.2008 if he is so desirous, the writ petition is dismissed as infructuous. No order as to costs. Dated: 06.08.2008 ----------------------------- Pvsn Justice G. Raghuram 1. The Divisional Superintendent of Police, Narayanapet, Mahabubnagar District. 2. The Superintendent of Police, Mahabubnagar District 3. 2 CCs to 4. 2 CD copies