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2026 Supreme(Online)(AP) 20395
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Subhendu Samanta, J
SOVARA MINNARAO – Appellant
Versus
THE STATE OF AP – Respondent
WRIT PETITION NO: 34290/2025
For the Appellants/Petitioners: Gutta Rohith
For the Respondents: GP For Home
The right to peaceful assembly and expression under Article 19 of the Constitution of India must be balanced with reasonable restrictions for public order and traffic management, allowing for modified permissions rather than absolute prohibitions.
Headnote:The petitioners challenged a notice issued under Section 168 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which refused permission for a procession of 1,000 people against the establishment of a 3200 Mega Watts coal-based Thermal Power Plant. The petitioners alleged that the refusal violated Article 19(1)(a), (b), and (d) of the Constitution of India, while the respondents argued that the narrow road and potential for law and order disruptions, including Naxalite interference, justified the restriction under Section 30(2) of the Police Act, 1861. The court found that while the authorities' concerns were reasonable, the fundamental right to ventilate grievances cannot be forcibly stalled. The primary issue was whether the refusal to allow the procession constituted an undue and arbitrary restraint on the petitioners' fundamental rights. The court reasoned that the dictum of law under Article 19 of the Constitution of India protects the right to peaceful assembly and expression, and that reasonable concerns of the authority must be balanced against these rights rather than resulting in a total ban. Under the above directions, the instant Writ Petition is disposed of.
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent herein in issuing a notice, dated 06.12.2025, under Section. 168 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, pursuant to the direction of this Honble Court in W.P. No. 33776 of 2025, dated 04.12.2025, claiming to be issued for the reasons stated therein, refusing to allow a procession on 10.12.2025, with a provision for using microphone(s), as sought by the 1st Petitioner, vide Application Number PEB012500351110, dated 26.11.2025, in Saribujjili Town in Srikakulam District by residents of villages surrounding Saribujjili and Boorja in Srikakulam District and members of Thermal Power Plant VyathirekhaPorata Committee to demand the Government of Andhra Pradesh to roll back plans to establish a 3200 Mega Watts coal-based Thermal Power Plant in Boorja and Saribujjili Mandals in Srikakulam District, on the one hand, and directing the 1st Petitioner to restrict themselves to conducting a Meeting, on the other hand, and thereby set aside the same as it is nothing but an act of undue restraint, and illegal, arbitrary, malafide, and not in line with the direction of this Honble Court in W.P. No. 33776 of 2025, dated 04.12.2025, and contrary to The Police Act, 1861 and The Andhra Pradesh Police Manual, 2017 , and violative of Article 19 (1) (a), 19 (1) (b) and 19 (1) (d) of the Constitution of India, and consequently direct the 4th Respondent to not prevent the Petitioners and others from taking out a procession from Vennelavalasa Bus Stop to Saribujjili Mandal Revenue Office on 10.12.2025, with a provision for using microphone(s)and pass
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the impugned Notice, dated 06.12.2025, under Section. 168 of Bharatiya Nagarik Suraksha Sanhita (BNSS), issued by the 4th Respondent to the 1st Petitioner, pending disposal of this Writ Petition and pass
IA NO: 2 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to allow the Petitioners herein and others to carry out a procession on 10.12.2025 from Vennelea valasa Bus Stop to Saribujjili Mandal Revenue Office, with 1000 people, with a provision for microphone(s), demanding the government to roll back plans to establish a 3000 Mega Watts coal-based Thermal Power Plant in Saribujjili and Boorja Mandals in Srikakulam District, and pass
Counsel for the Petitioner(S):
1. GUTTA ROHITH
Counsel for the Respondent(S):
1. GP FOR HOME
The Court made the following:
ORDER
The instant Writ Petition has been filed challenging the action of respondent authorities in refusing to allow a procession on 10.12.2025 with a provision for using microphone(s) from Vennelavalasa bus stop to Saribujjili Mandal Revenue Office demanding and requesting the Government to withdraw the proposal to construct a 3200 Mega Watts coal-based Thermal Power Plant in Vennelavalasa and surrounding villages in Boorja. The said issue was previously raised before this Court in W.P.No.33776 of 2025.This Court on the earlier occasion has directed the authority to take a decision whether permission can be granted. In pursuance to the direction of this Court, SubDivisionalPolice Officer, Srikakulam, has passed a written order-cum-notice under Section 168 BNSS, whereby the permission for procession was not granted, hence, this Writ Petition.
The learned counsel for the petitioners submits that initially the road where the procession is proposed to be conducted was very narrow, but now the road has been expande
