Valmiki Boya Joint Action Committee v. State of Andhra Pradesh
2022-09-14
CHEEKATI MANAVENDRANATH ROY
body2022
DigiLaw.ai
ORDER : The Writ Petition for mandamus is filed to declare the action of respondents 3 and 4 in not passing any order on the representation, dated 11.08.2022, submitted by the petitioner to permit them to make a peaceful protest at Dharnachowk, Governorpet, Vijayawada Town, for a period of six hours daily from 10.00 A.M. to 5.00 P.M., as illegal and arbitrary and consequently, sought direction to the respondents 2 and 3 to pass orders on the said representation permitting them to make a peaceful protest at the aforesaid place. 2. The petitioner - Valmiki (Boya) Joint Action Committee was constituted with the people of Valmiki (Boya) community. They made a demand to include the said Valmiki (Boya) community in the Schedule of Tribes. The State Government has favourably recommended in their favour to the Union of India to include the said community in the Scheduled Tribe community. Now, it is their grievance that the Union of India did not take any decision to include the said caste in the Schedule of Tribes as per the recommendation made by the State Government. Therefore, they intend to make a protest by staging a dharna at Dharnachowk, Governorpet, Vijayawada Town, and make a protest in this regard. Therefore, they have submitted a representation, dated 11.08.2022, to the respondent police officials seeking permission to stage a dharna at Dharnachowk, Governorpet, Vijayawada Town, to make a protest in this regard. It is stated that no orders are passed on their representation till now granting permission to them to stage a dharna at Dharnachowk, Governorpet, Vijayawada Town. Therefore, aggrieved by the inaction on the part of the respondents 3 and 4 in passing any orders on their representation, the instant Writ Petition has been filed. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that the representation of the petitioner was considered and the Inspector of Police, Satyanarayanapuram Police Station, Vijayawada City, has passed order on their representation. He has also produced copy of the said order before the Court today. 5. Learned counsel for the petitioner would also submit that a copy of the said order was served on the petitioner yesterday i.e. 13.09.2022. 6.
He has also produced copy of the said order before the Court today. 5. Learned counsel for the petitioner would also submit that a copy of the said order was served on the petitioner yesterday i.e. 13.09.2022. 6. As can be seen from the said order, it is stated that it is difficult to permit the petitioner to launch Satyagraha Deeksha at Dharnachowk for an indefinite period of time and it is stated that the details of the participants in the said dharna are not furnished and that Section 144 Cr.P.C. proceedings are issued under Section 30 of the Police Act and as such, permission for indefinite period of time cannot be given. It is finally stated that if they desire to conduct Satyagraha Deeksha for one or two days at Dharnachowk, that the same will be considered positively by imposing reasonable conditions. 7. Therefore, as orders are now passed on the representation submitted by the petitioner, it cannot be declared that there is any inaction on the part of the respondent police officials in considering the said representation. 8. As can be seen from the said order that was passed, the police did not reject permission to the petitioner to stage a dharna at Dharnachowk. While expressing some difficulties in granting permission for an indefinite period of time to stage dharna, they clearly stated that if the petitioner intends to launch any such Satyagrah Deeksha only for one or two days that the same would be considered positively by imposing reasonable conditions. The Court also finds considerable force in the said contention of the respondent police officials. The petitioner cannot stage a dharna for an indefinite period of time for days together and months together till their demand is fulfilled. 9. They can protest against the inaction on the part of the Government by staging a dharna for a definite period of time in a peaceful manner. Therefore, as stated in the impugned order, the petitioner is at liberty to submit a fresh representation specifying definite period of time to stage the said dharna in a peaceful manner. 10.
9. They can protest against the inaction on the part of the Government by staging a dharna for a definite period of time in a peaceful manner. Therefore, as stated in the impugned order, the petitioner is at liberty to submit a fresh representation specifying definite period of time to stage the said dharna in a peaceful manner. 10. In the said facts and circumstances of the case, the Writ Petition is disposed of with a direction to the petitioner to submit a fresh representation to the 3rd respondent specifying the definite period of time to stage dharna at Dharnachowk, Governorpet, Vijayawada Town, peacefully by furnishing the details of the participants in the said dharna by 5.00 P.M. tomorrow i.e. 15.09.2022. On receipt of the said fresh representation, the 3rd respondent shall pass appropriate orders within three days from the date of receipt of the said representation permitting them to stage a dharna peacefully at Dharnachowk, Governorpet, Vijayawada Town, with limited number of people, not more than 30 person. The petitioner shall make a protest by staging dharna in a peaceful manner without causing any inconvenience to the public. No costs. The miscellaneous petitions pending, if any, shall also stand closed.