THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.22152 OF 2024

ORDER:

This writ petition is filed seeking following relief:

“….to issue a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.2 to 4 in discontinuing the petitioner from maintaining National Flag with a width about 20 x 30 feets, erected on a 100 feet height pole, situated at ZP High School, Thorrur Village and Mandal Mahabubabad District including arrangements for conducting event/function on Independence Day 15th August and Republic Day 26th January of every year as illegal, arbitrary and consequently to direct respondent Nos.2 to 4 to allow the petitioner for making arrangements for Independence Day and Republic Day at 100 feet height pole with National Flag at Thorrur, Mahabubabad District..”

2. Heard the learned counsel for the petitioner and Sri S. Rahul Reddy, learned Special Government Pleader appearing for respondent Nos.1 to 3 and with their consent this writ petition is being disposed of at the admission stage.

3. The case of the petitioner is that he is a medical practitioner and also a running educational institution at Thorrur Village and Mandal, Mahabubabad District and he is also doing social work for the upliftment of poor and needy persons. It is the further case of the petitioner that a Zilla Parishad High School was constructed in an area of about 5 acres of land in Thorrur Village and Mandal and the same is facing National Highway. It is the further case of the petitioner that as there is an open land from National Highway to School building, he constructed a foundation for erection of 100 feet height pole for flying the National Flag in an area of about 400 square yards and incurred about Rs.25.00 lakhs for erection of 100 feet height pole with a wire, electric motor for fixing the National Flag having 20 x 30 feet and the cost of the flag is Rs.25,000/-. It is the further case of the petitioner that he invited the District Collector and other dignitaries for inauguration of the 100 feet height pole with National Flag on 29.08.2022 and every year similar functions were arranged by him with his own expenditure. It is the further case of the petitioner that he has been incurring expenditure of about Rs.3,00,000/- per year for maintaining the National Flag with good condition. It is the further case of the petitioner that now the national flag is in torn condition and it requires replacement and as such he was instructed to change the same by the various authorities. The grievance of the petitioner is that respondent No.3-Head Master of Zilla Parishad High School, Thorrur, is not allowing him for replacement of the National Flag and also informed him not to make any arrangements for the Independence Day event, which constrained him to submit a representation, dated 08.08.2022 before respondent No.3 seeking permission for construction of platform for erection of 100 feet National Flag in Zilla Parishad High School, Thorrur Village, but respondent No.3 has not granted permission so far.

4. Learned counsel for the petitioner submitted that the petitioner is conducting the celebrations/events of Independence Day every year with his own expenditure and the dignitaries occupying high positions are also invited to the said celebrations/events. Learned counsel further submitted that the events conducted by the petitioner are not causing any inconvenience or hindrance to the functions of the respondent No.3 school.

5. In view of the above submissions, this Court deems it appropriate to dispose of this writ petition directing respondent No.3 to consider the representation, dated 08.08.2022 and allow the petitioner to conduct celebrations/events on Independence Day.

6. With the above observations, this writ petition is disposed of. No order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. ___________________________ C.V. BHASKAR REDDY, J Dat