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Judgment
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed seeking the following relefs:
Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing respondent Nos.1 to 6 to ensure that any protest, rally, procession, dharna or gherao by farmer organizations in connection with the demand for an increase in sugarcane prices is carried out strictly in terms of the order dated 01.08.2022 passed by this Hon'ble Court in W.P No.5781/2021, only at a place designated by the competent authority, and not within the residential locality of Mayuri Estate, Keshwapur, Hubballi;
b)Direct the respondent No.4 to take stringent measures to ensure free movement of residents, vehicles and pedestrians, and unobstructed passage of ambulances, fire engines and other emergency vehicles and to ensure that the residential localities are not used for protests and demonstrations and that the protests are conducted in designated areas/centres.
c)Direct the respondent authorities to take immediate measures to ensure that the ensuing demonstration of farmers to be conducted on October 17th, 2026 is conducted at a designated area without any disturbance to the residents of Mayuri Estate, Keshwapur, Hubballi or in any other residential locality in Hubli-Dharwad.
We have heard the learned Senior counsel appearing for the writ petitioner as well as the learned Additional Advocate General appearing for the respondents.
The grievances raised by the petitioner are that the residents of Mayuri Estate, Keshwapur, Hubballi are being denied of their valuable rights under Article 19(1)(d) as well as Article 21 in view of the protests being conducted in the residential area. It is contended that the Police is not taking appropriate steps to see that the protestors do not cause inconvenience and threat to the residents of the residential area. It is submitted that Annexure-E representation has been submitted by the residents before respondents No.1, 2, 5 and 6. It is stated that protests are ongoing and are expected even today and that appropriate steps have to be taken to see that the lives and property of the residents of the locality are protected.
The learned Additional Advocate General submits that the issue of protection of life and property and maintenance of law and order is gaining the attention of the respondents and that appropriate steps will be taken to see that the protests are regulated in such a manner that it does not create nuisance to the lives or a threat to the properties of the petitioner.
Having considered the contentions advanced, we are of the opinion that the representation submitted by the residents of a residential area seeking protection to their life and property require a proper consideration at the hands of the respondents.
Accordingly, this writ petition is disposed of with a direction to respondents No.3 and 4 to consider the Annexure -E representation preferred by the writ petitioner and to take appropriate steps to see that the life and property of the residents of the Mayuri Estate do not face any threat on account of the apprehended protests.
