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Judgment
Instant Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:
“to issue a Writ of Mandamus or any other appropriate writ, order or direction, more particularly one in the nature of Mandamus declaring the action of the respondents in denying the permission for procession of Lord Krishna idol from the stage of Lord Krishna via Ambedkar Nagar, Gandhi Nagar, Balaram Nagar, Eskapalem Bypass and again revert back to the stage of Lord Krishna as illegal arbitrary and violation of Article 14,19,21 and 26 of the Constitution of India and also contrary to the provisions of AP Municipalities Act and section 30 of the AP Police act consequently direct the respondents to forthwith take necessary steps and permit the devotees for procession of Lord Sri Krishna idol from the stage of Lord Krishna via AMbedkar Nagar, Gandhi Nagar, Balaram Nagar, Eskapalem Bypass again revert back to the stage of Lord Krishna and to pass”
Initially, the matter was listed before this Court on 07.09.2026 and this Court passed the following order:
“1.Heard learned counsel for the petitioner.
2.Learned counsel for the petitioner asserts that the matter is squarely covered by the dictum dated 29.08.2025 rendered in W.P.No.22944 of 2025. He also submits that he is a Member of the Prabhu Seva Committee, Nellore.
3.He further submits that the respondent-police issued permission dated 21.08.2026 for the procession. However, they are imposing unreasonable restrictions orally.
4.On the other hand, learned Assistant Government Pleader for Home seeks time to get instructions.
5.List on 08.09.2026 in the Motion List.
6.Meanwhile, learned counsel for the petitioner is directed to place on record the relevant documents relating to the specific route map of the procession, as well as the registration and other documents of the Prabhu Seva Committee, Nellore.”
When the matter is taken up for hearing, learned Assistant Government Pleader forwarded the Written Instructions dated 07.09.2026 of the Station House Officer, Buchireddipalem Police Station, SPSR Nellore District wherein the relevant portion is extracted hereunder:
“9.It is further submitted that, from 05.09.2026 to 09.09.2026, in view of the visit of the Hon’ble former Vice-President and the Hon’ble Chief Minister of Uttar Pradesh, the entire police station staff will be deployed on bandobust duty. In view of the said deployment, coupled with the prevailing law and order situation and the apprehension of possible confrontation between the groups, the petitioner, Sri M.Somashekar of Prabodha Seva Samithi, Buchireddypalem, was informed that, if the procession proposed to be conducted in connection with the Sri Krishna Janmashtami celebrations were postponed to another date, the police would be in a position to provide the necessary bandobust arrangements and take adequate measures to ensure that there was no disturbance to peace and public order.
10.In view of the above facts and circumstances, it is requested that the aforesaid facts may kindly be brought to the notice of the Hon’ble High Court to enable the Hon’ble Court to appreciate the circumstances in which permission for the proposed procession could not be granted on the requested date and to dismiss the present Writ Petition.”
Emphasis supplied
Written Instructions dated 07.09.2026 of the Station House Officer, Buchireddipalem Police Station, SPSR Nellore District is made part of the record.
Learned Assistant Government Pleader for Home states that mic permission was already granted and in view of the fact that most of the police are deployed for bandobust duty upto 09.09.2026 police are not in a position to provide necessary police protection petitioner’s request upto 09.09.2024.
At that juncture, learned counsel for the petitioner fairly states that petitioner will apply required permission to the concerned police authorities.
In reply to the same, learned Assistant Government Pleader submits that the police authorities will consider the petitioner’s application if the petitioner makes a fresh representation seeking permission after 09.09.2026, annexing al pre-requisite documents.
Considering the facts and circumstances of the case, the Writ Petition is disposed of:
Petitioner is at liberty to prefer a representation before the 4th respondent after 09.09.2026, with all pre-requisite documents in terms of the rules in vogue by giving required details; and
On such receipt, respondent No.4 is directed to consider the same and pass appropriate orders at the earliest in accordance with the law, keeping in view the constitutional ethos.
There shall be no order as to costs.
Learned Assistant Government Pleader is directed to communicate gist of this Order to the concerned for taking appropriate measures.
Interlocutory applications, if any, pending shall stand closed.