Peaceful protest is a fundamental right under Article 19(1)(a). Allegations made during such protests for recovery of dues do not prima facie constitute defamation, and the appropriate remedy lies in civil or criminal courts, not through a writ petition.

ORDER

The writ petition is filed seeking a Writ of Mandamus to direct the respondents No.2 to 8 (Revenue officials, Narsampet Municipality and Police officials) to comply with the proceedings No.Lr.No.B/88/2026 dated 08.02.2026 of the respondent No.4 – Tahsildar, whereby the respondents No.11 to 14 were found not having obtained any prior permission from the competent authority for Venue, Erection of tent, Conducting Dharna or Agitation and the respondent No.4 requested the respondent No.6 (Station House Officer) to take necessary action to prevent violation of Model Code of Conduct in connection with Municipal Elections – 2026 and to maintain public order.

The case of the petitioner is that the respondents No.11 to 14 are conducting Dharna/Agitation against the petitioner, who was former MLA of Narsampet Constituency, by erecting tent near Nekkonda Circle, Beside Green Market, Narsampet and by alleging that such dharna is in violation of Model Code of Conduct and the respondents No.11 to 14 have not taken any permission from the competent authority, complaint was lodged by the petitioner before the respondent No.4 – Tahsildar. Thereafter, the respondent No.4 addressed letter dated 08.02.2026 to the respondent No.6 stating that the respondents No.11 to 14 have not obtained any permission for erecting tent and for conducting dharna and that Model Code of Conduct is in force in connection with Municipal Elections 2026 and such acts of respondents No.11 to 14 are in violation of Model Code of Conduct and contrary to the election related instructions issued by the Election Commission and the District Administration.

Learned counsel for the petitioner contended that despite the aforesaid letter, the respondent No.6 and other police officials, respondents No.7 and 8 are not taking any action against the respondents No.11 to 14, who are indulging in illegal acts making false and malicious allegations against the petitioner by displaying Flexi Banners and thereby, causing disrepute to the petitioner.

Learned counsel for the petitioner submitted that the respondents No.11 to 14 are members of one family, who are running borewell business in the name and style of Sri Lakshmi Bore Wells at Narsampet Town. They have dug bore wells at various places. Their bills are pending with the concerned authorities. As per the proceedings of the respondent No.2 bearing No.344/SDF /Narsampet/2023-23 dated 06.10.2023, the respondents No.9 and 10 are responsible to clear the dues of the respondents No.11 to 14. However, making false allegations and attributing that petitioner is responsible for non-payment of their dues, the respondents No.11 to 14 are indulging in false propaganda to tarnish the image and reputation of the petitioner. It is for the respondents No.9 and 10 – Water Works Department to sanction and release the funds. The petitioner is no way concerned with the dispute between the respondents No.9 and 10 and the respondents No.11 to 14. Hence, it is submitted that the action of the respondents No.2 to 8, is violative of Articles 14 and 21 of the Constitution of India.

Learned counsel for the petitioner further submitted that the respondents No.11 to 14 cannot target the petitioner for the dues payable by the respondents No.9 and 10. Assuming that works have been assigned and executed by the respondents No.11 to 14 on the request of the petitioner, still the petitioner cannot be defamed and made responsible for such dues.

Learned Assistant Government Pleader for Revenue submitted that the writ petition is not maintainable. Direction is sought to comply with the letter dated 08.02.2026, which was issued during enforcement of Model Code of Conduct at the time of Municipal Elections – 2026. The Model Code of Conduct is not in force now. Moreover, it is the fundamental right of every citizen to conduct peaceful dharna and protest. As per his oral instructions, the respondents No.11 to 14 are conducting dharna peacefully. If any nuisance is caus