Divine Presence Healing Ministries, v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 7035 of 2015 BETWEEN Divine Presence Healing Ministries, rep. by Sri K.Sudhakar Reddy ... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary (Department of Home), A.P. Secretariat Building, Hyderabad and others. ...RESPONDENTS The Court made the following:

ORDER:

Heard.

2. Petitioner states that the Commissioner of Police, Cyberabad, had earlier given permission to conduct prayers at Devi Gardens and Sri Krishna Leela Function Hall, Malkajgiri. However, petitioner was given notice, dated 03.02.2015 by the Station House Officer, P.S. Malkajgiri, rejecting its request to continue the prayers at the aforesaid function hall for the reasons 1 to 5 mentioned in the said notice apart from the objection by the police that the said function hall does not have licence under

Rule 21(F) of the City Police Act read with Cyberabad Metropolitan Police Act, 2004. Petitioner sates that in order to avoid these difficulties, it now wants to conduct the prayers at Sri Lakshmi Sai Gardens and it is also stated that according to the verification, the said function hall is having all sufficient facilities viz., car parking place, fire extinguisher, proper toilets and it is also having valid trade licences. It is further stated that the application made by the petitioner for permission to conduct the prayers at the aforesaid function also was, however, not being received by the respondents. Hence, the present writ petition is filed by placing reliance upon orders of this court in WPMP.No.10502 of 2014 in WP No.8404 of 2014 dated 21.03.2014.

3. Learned Government Pleader for Home states that notice dated 03.02.2015 was given to the petitioner by Malkajgiri police station rejecting the permission on various grounds.

4. Since the petitioner seeks to conduct the prayers at Sri Lakshmi Sai Gardens, Malkajgiri, it will have to apply afresh before respondent Nos.2 to 4 and seek appropriate permission. There is no material on record to substantiate the petitioner's allegations that its application was not being received by any of the respondents.

5. Hence, petitioner is at liberty to make appropriate application before respondent Nos.2 to 4 and subject to the orders that would be passed by the said authorities, conduct the prayers at the place aforesaid. If such an application is made by the petitioner, respondent Nos.2 to 4 shall examine the same, in accordance with law and pass appropriate orders expeditiously. With the above direction, the writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J March 19, 2015 Note:- Furnish copy by tomorrow.

{B/o} Lmv