ORDER :

The Writ Petition is filed for a mandamus declaring the order, dated 10.12.2021, passed by the 5th respondent – Sub-Divisional Police Officer, Urban Police District, Tirupathi, as illegal, arbitrary and without jurisdiction and violative of Article 19(1)(a) and (1)(b) of the Constitution of India and consequently sought direction to the respondent – police to grant permission to the 1st petitioner – Trust to conduct public meeting on 17.12.2021 in an open place in an extent of Ac.7.50 cents covered by Sy.No.212/17 of Daminedu Village, Tirupathi Rural Mandal, Chittoor District.

2. The factual matrix of the Writ Petition may be stated as follows:

3. The 1st petitioner – the Amaravathi Parirakshna Samithi of Andhra Pradesh is a public charitable trust established under the Indian Trusts Act, 1882, with the primary objective to protect and promote the brand image of ‘Amaravati’ the Capital City of Andhra Pradesh and also the entire State of Andhra Pradesh and to protect and work for the interest of the farmers, who have given their lands to establish the capital for the State of Andhra Pradesh at ‘Amaravati’ under the Andhra Pradesh Capital Region Development Authority Act, 2014 (hereinafter called as ‘CRDA Act’), and the Andhra Pradesh Capital City Land Pooling Scheme (Formulation & Implementation) Rules, 2015. It is stated that the 1st petitioner - Trust passed a resolution, dated 01.12.2021, to conduct public meeting in the land covered by Sy.No.212/17 in an extent of Ac.7.50 cents at Daminedu Village, Tirupathi, Chittoor District, on 17.12.2021 and a representation, dated 03.12.2021, was submitted for the said purpose seeking permission to conduct the said public meeting, to the 2nd respondent – the Director General of Police and the 3rd respondent – The Superintendent of Police, Chittoor District. One Sri A. Vinod Kumar Reddy, owner of the aforesaid land has permitted the petitioner - Trust to hold the said meeting in his land and he has also given letter in writing, dated 01.12.2021, to that effect. However, the 4th respondent – Additional Superintendent of Police, Law & Order, Tirupathi Urban, sought clarification for considering the said request of the petitioner and an explanation was submitted to that effect. But the 5th respondent – Sub-Divisional Police Officer, by the impugned order, dated 10.12.2021, has rejected the request made by the petitioner to accord permission to hold public meeting in the above place. The permission was rejected on the grounds that

1) There are floods in Tirupathi Town recently on account of which all the roads are damaged.

(2) As per intelligence inputs, law and order problem may arise, if permission is accorded to hold such public meeting.

(3) As Tirupathi is a pilgrimage place that there is every possibility for spread of COVID disease if public meeting is held with huge gathering.

(4) During Mahapadayatra which has taken place recently that some members of the petitioner - Trust have violated COVID norms.

(5) Other rival groups, who are supporting the policy of the Government to have three capitals, are also proposing to hold public meeting and as it may create law and order problem that permission was rejected to them earlier.

4. Therefore, aggrieved by the impugned order of rejecting permission to the petitioner to hold public meeting as sought for, the present Writ Petition has been filed for mandamus declaring the said order, dated 10.12.2021, whereby permission was rejected to hold public meeting as illegal, arbitrary and without jurisdiction and violative of Article 19(1)(a) and (1)(b) of the Constitution of India and consequently sought direction to the respondent - police to grant permission to the 1st petitioner – Trust to conduct public meeting on 17.12.2021 between 02.00 P.M., to 07.00 P.M., in an open place at Tirupathi.

5. Heard learned counsel for the petitioners and learned Additional Advocate General appearing for respondents 1 to 5 – police officials.

6. Learned counsel fo