Point of law : Right need to be balanced with other contrasting fundamental rights and is subject to reasonable restrictions indicated in Articles 19(2) and (3). Therefore, the mere fact that batch of Writ Petitions relating to the issue involved in the controversy is pending cannot by itself be a valid legal ground to deny permission to the petitioners to take out a procession to air their grievances.

ORDER :

This Writ Petition under Article 226 of the Constitution of India is filed for mandamus declaring the order dated 28.10.2021 passed in Rc.No.531/L&O-III/2021, by the 2nd respondent –Director General of Police, State of Andhra Pradesh, as illegal, arbitrary and violative of Articles 19(1)(a) & 19(1)(b) of the Constitution of India and consequently, sought direction to the 2nd respondent –Director General of Police, State of Andhra Pradesh, to grant permission to the 1st petitioner Trust and its members to conduct Maha Padayatra from 01.11.2021 to 17.12.2021 from Tullur Village, Guntur District to Tirumala, Chittoor District.

2. Heard learned counsel for the petitioners and learned Additional Advocate General appearing for the respondents 1 to 7.

3. The factual matrix of the Writ Petition as per the case pleaded by the petitioners may be stated as follows :

The 1st petitioner is a registered charitable Trust established under the Indian Trusts Act, 1882 in the name and style “Amaravathi Parirakshna Samithi” and 2nd petitioner is the Secretary of the 1st petitioner Trust and the 3rd petitioner is the President of the 1st petitioner Trust. It is stated that the 1st petitioner Trust was established with the primary objective of promoting the brand image of “Amaravathi”, the capital city of Andhra Pradesh, and to protect the interests of the farmers, who have given their lands to establish the said capital city for Andhra Pradesh under the Andhra Pradesh Capital Region Development Authority Act (hereinafter called as “A.P. CRDA Act”). It is stated that 1st petitioner Trust has passed a resolution dated 08.10.2021 resolving to take out Maha Padayatra which is scheduled to commence from Tulluru Village, Guntur District to Tirumala, Chittoor District, from 01.11.2021 to 17.12.2021 in the interest and welfare of the people and to bring awareness among the people of the State to have one capital city for the State of Andhra Pradesh as against the policy of the present State Government to have three capitals for the State of Andhra Pradesh. Therefore, pursuant to the resolution passed by the 1st petitioner Trust, the petitioners have submitted various representations before the 2nd respondent – Director General of Police, State of Andhra Pradesh, and other police authorities, dated 11.10.2021, 12.10.2021 and 14.10.2021, requesting them to grant permission to conduct Maha Padayatra as the police are empowered and obligated to grant permission under Section 30 of the Police Act. It is stated that eventhough the said representations are submitted well in advance seeking permission and as the same are not considered that the petitioners have approached this Court by way of filing a writ petition in W.P.No.24211 of 2021 and this Court, by order dated 25.10.2021, disposed of the said writ petition directing the 2nd respondent –Director General of Police, State of Andhra Pradesh, to consider and pass appropriate orders on the said representations on or before 28.10.2021. Pursuant to the said direction of this Court the 2nd respondent – Director General of Police, State of Andhra Pradesh, has considered the representation and passed an order. However, the 2nd respondent rejected the permission to the petitioners to conduct the said Maha Padayatra. Therefore, the petitioners are before this Court by way of filing the present Writ Petition challenging the legal validity of the impugned order passed by the 2nd respondent – Director General of Police, State of Andhra Pradesh, in rejecting the permission as per the order, dated 28.10.2021. It is pleaded that none of the grounds on which the permission was rejected is legally tenable and that the petitioners as citizens of this country got a fundamental right to organize procession to ventilate their grievance. Therefore, they sought declaration that the impugned order passed by the 2nd respondent – Director General of Police, State of Andhra Pradesh, is illegal and unconstitutional and consequentl