Mohd. Sohail Nawab v. The State Of Telangana And 4 Others

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.5006 of 2020 O R D E R:

The present writ petition is filed to declare the action of respondents 2 to 5 in interfering with the Citizens Dissent peaceful protests scheduled from 24.02.2020 at Open Ground, Bodhan Road, Nizamabad, by obstructing, causing hindrance, or anyway interfering in the constitutional rights guaranteed under Articles 19 and 21 of the Constitution of India, as unreasonable, biased, prejudiced, arbitrary, violation of constitutional rights and judgment of the Hon'ble Supreme Court.

2.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home.

3.

It is the case of the petitioner that, the petitioner submitted an application, on 24.02.2020, to the respondent authorities, seeking permission for holding a protest meet at Bodhan Road, Nizamabad, and the respondent authorities have not considered the same till date, and on the other hand, they are interfering with the ongoing protest meet at the Open Ground, Bodhan Road, Nizamabad, which is being held from 24.02.2020 onwards.

4.

Learned Assistant Government Pleader for Home, on the other hand, submits that there is no acknowledgment of the said application being filed and therefore, it cannot be said that the respondent authorities have not considered the same till date.

5.

Having regard to the fact that there is a dispute as to whether the petitioner having filed such an application and the same remaining

undisposed by the respondent authorities, this Court is of the view that the petitioner is to be directed to make a fresh application to the respondent authorities seeking permission for holding a protest meet at Open Ground, Bodhan Road, Nizamabad, and on receipt of the said application, the respondent authorities are directed to consider and dispose of the same, in accordance with law, within a period of one week thereof. It is also made clear that the respondent authorities, while taking a decision on the said application that may be filed by the petitioner, shall take note of the inputs received from the State as well as the Central agencies and also take note of the directions issued by the Division Bench of this Court by the order dated 04.03.2020 in W.P. (PIL) No.46 of 2020 to review all the permissions granted to prevent the spread of carona virus.

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:05.03.2020 GJ