Joint Action Committee v. The State Of Telangana, And 2 Others

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.4513 of 2020 O R D E R:

The present writ petition is filed to declare the action of the 3rd respondent authority in passing the Order No.C.No./SDOM/2020, dated 22.02.2020, rejecting the application, dated 20.02.2020, of the petitionerJAC to accord permission to conduct Dharna and Garjana Meeting on the issue of CAA, NRC and NPR, between 10.00 am and 8.00 pm, at Mini Tank Bund, Ramaiah Bowli, Mahabubnagar District, as being illegal, arbitrary, in violation of Fundamental Rights and highly unconstitutional. 2.

Heard Sri Mohd. Osman Shaheed, learned counsel for the petitioner, and Sri Sharath, learned Special Government Pleader for Home. 3.

Learned Special Government Pleader submits that the respondent authorities have considered the application, dated 20.02.2020, of the petitioner-JAC, for according permission to hold protest by way of Dharna and Garjana Meeting, at Mini Tank Bund, Ramaiah Bowli, Mahabubnagar, on 10.03.2020, for 24 hours, between 10.00 am and next day 10.00 am, but rejected the same, due to law and order issue. Learned Special Government Pleader however, submits that the place where the petitioner-JAC wants to hold the Dharna is not recommended, having regard to the prevailing law and order situation, and if the petitioner-JAC chooses alternate locations suggested by the respondent authorities, by making a fresh application, the same would be considered for according permission subject to restriction/conditions as the authorities deem fit.

4.

Learned counsel for the petitioner submits that the petitioner-JAC would make a fresh application to the authorities at one of the locations mentioned by the respondent authorities.

5.

Having regard to the facts and circumstances of the case, upon the petitioner-JAC making a fresh application, the respondent authorities shall consider the same in accordance with law, by taking note of the law and order situation prevailing in the area.

6.

Subject to the above, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

_____________________ JUSTI CE T.VI NOD KUMAR Date:02.03.2020 GJ