THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27547 of 2025

ORDER

This writ petition is filed questioning the action of the respondents in not granting permission to the petitioner committee to conduct rally in the event of Milad-un-Nabi Festival, Religious Rally as illegal, arbitrary, unjust and violative of fundamental rights guaranteed under Articles 14, 19 (1) (a), 19 (1) (b) and 21 of the Constitution of India and consequently, seek a direction to the respondents to forthwith grant such permission to the petitioner committee to conduct rally in the event of Milad-un-Nabi Festival, Religious Rally on 12.09.2025 or 14.09.2025.

2. Learned Government Pleader appearing for Home placed the instructions submitted by the Sub-Inspector of Police, Nizamabad Town-V Police Station, Nizamabad Commissionerate wherein it is submitted that the petitioner made a representation to the 2^nd respondent on 08.09.2025 for granting permission to conduct “Rally” in Nizamabad in eve of Milad-un-Nabi Festival on 12.09.2025. It is further submitted that upon receipt of such representation, 2^nd respondent revealed that the petitioner previously submitted a representation on 20.08.2025 for grant of permission to conduct rally Jalsa meeting in Nizamabad in eve of Milad-un-Nabi for four days i.e., 28.08.2025 to 30.08.2025 and 04.09.2025 and 05.09.2025. It is further submitted that after completion of the enquiry, advised the petitioner to join and participate in the rally program of main committee i.e., District Central Milad Committee who took permission for the same route. It is further submitted that petitioner had previously filed W.P.No.26041 of 2025 and the same was disposed of by this Court vide its order dated 02.09.2025. It is further submitted that President of Zile Markazi Milad Committe has applied for grant of permission to conduct the traditional Rally, Jalsa programs in connection with the auspicious occasion of Milad-un-Nabi festival and they have already given permission to District Central Milad Committee organizers with 15000 members who are going to conduct the foot Rally every year. It is further submitted that the petitioner committee is registered last year with registration No.460 of 2024 dated 18.12.2024, and had applied for the first time where enroute about 6 kilometers with bikes, autos and Motor cars. It is further submitted that in addition to that the proposed rally of petitioner committee enrooted in mixed community areas and Nizambad city is communally sensitive area and there is a possible chance to spoil public peace and tranquility and disturbance to the traffic, law and order and the mentioned route of petitioner committee contains mixed population and also it is convenient to the road users, employees and particular medial usage people. It is further submitted that District Central Milad Committee have come out due to internal differences and formed a group and are now seeking permission to hold a rally separately and if permission is given to this group, there is a possibility that two rallies will clash with each other somewhere during the rally on the day of Milad-un-Nabi, which may lead to a major law and order problem. It is further submitted that three days ago, some people of Navipet tried to disturb communal harmony within the limits of Navipet Police Station, which is near Nizamabad Town and due to the swift action of the Police Authorities, the incident was averted, however, there is always a possibility of opportunities creating disturbances in communal harmony. In the said scenario, permission may not be granted and petitioner has every right to participate in the rally already permitted by the authorities on 14.09.2025, and their rights have not been denied and permission for an additional rally particularly through communally sensitive areas, is objectionable.

3. Per contra, learned Government Pleader appearing for Home submits that already permission was granted to the District Central