The High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 26041 OF 2025 Between: ZILYE MARKAZI MILAD COMMITTEE, Regd, No. 460 of 2024, Door No. 6-26-4911113, Nizam Colony, Nizamabad - 503001, Telangana. Rep. by its President, Mohammed Allauddin AND 1 The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. The Commissioner of Police, Nizamabad Commissionerate, Nizamabad District. 3 The Superintendent of Police, Nizamabad District, Nizamabad. ...PETITIONER ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents in not granting permission to the Petitioner Committee for making publicity through two (02) Auto Rickshaws fitted with loudspeakers in Nizamabad Town on 05.09.2025 between 9-30 AM and 8-00 PM in connection with the forthcoming Milad-un-Nabi Festival, as illegal, arbitrary, unjust, and violative of the fundamental rights guaranteed under Articles 14, 19(1)(a), 19(1)(b), and 21 of the Constitution of lndia, and consequently direct the Respondents herein to forthwith grant such permission to the Petitioner Committee. fA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r; 'cumstances stated in the affidavit filed in support of the petition, the High Cor 1 may be pleased to direct the Respondents to forthwith consider and gr;r t permission to the Petitioner Committee for publicity through two auto rickshe ws with loudspeakers in Nizamabad Town on 05.09.2025, between 9-30 AM to I00 PM, in connection with the forthcoming Milad-un-Nabi Festival, pending diso >sal of the main Writ Petition Counsel for the Petitioner : SRI MEKALA GOUTHAM KUIV AR Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.26O 4 1 ()F 2025 ORDER: This writ petition is filed seeking the following prayer: "...declaing the inaction of tlw Respondents in not granting pennission to th'e Petitioner Committee for making pubticitg through ttpo 2 Auto Ricksharus fitted uitlt loud.speakers in Nizamabad Toutn on 05.09.2025 betueen g'30 AM and 8'OO PM in corrnection ttLittt the fort'lrcoming Milad-uru-Nabi Festiual as itlegat, arbitrary, unjust and uiolatiue of tle Fundamentat Rigttts guaranteed under Articles M, 19(1)(a), 1g(1)(b) and 2i of the Constitution of India attd consequentlg direct the Respondents lerein to forthwith grant such pennissioft to the Petitio ruer Co ntmitte e. .. "

2. Heard. learned counsel for the petitioner and lean-red Assistant Government Pleader for Home appearing on behalf of respondents. With their consent, this rwit petition is taken up for disposal.

3. The facts of the case in brief as stated are that pelitioner is a ccmmittee rcpresented by its President working ror promotion of religious, cultural ald social activities 1n \ i22:i Nizambad Town. The Committee has bcen conducting the traditional rally and jalsa programmes every r' :ar in connection with the auspicious occasion of Milad-un-Nat i Festival which is celebrated with great devotion and enthur; asm by Muslim Community across the Country. This yezr a.r o the Committee resolved to conduct rally and jalsa programr res in Nizambad town on the occasion of Milad-un-Nabi Festiv: i scheduled to be held on O5.O9.2O25 and C6.09.2025. In rh;s connection, the Committee has organized to conduct a seri,: ; of programmes from 28.08.2025 to 30.08.2025 and again o.r

04.O9.2025 and O5.O9.2025, wherein large sections of thc publ c are expectcd to participate. In order to ensure wider participat on of the general public and to inform the community at largc, tl e Committee has proposed to undertake publicity by way of arnouncements through two auto rickshaws fitted with loud slt limits of Nizambad town from O3.O9.2O2= :akers within the to 05.09.2O25 between 9.30 AM to 8.OO PM. In that regar 1, the petitioner Cornmittec submitted a representation on I ! .O8.2O25 to the respondent authorities. Since, no action is forl rcoming from the respondent authorities, the present writ petitic r is filed. Learned counsel for the petitioner submits that two relr: esentations have / ::3:: been given and would fairly admit that pleadings are made only to the extent of granling permission to the publicity through two auto rickshaws.

4. The Sub-Inspector of Police, Nizamabad Town - VPS, Nizamabad Commissionerate has placed a copy of instructions through learned Assistant Government Pleader for Home stating that on 2O.O8.2O25 petitioner submitted representation to respondent no.2 for grant of permission to. conduct rally jalsa meeting in Nizambad on the eve of Milad-un-Nabi for four days i.e., 28.08.2O25 to 30.08.2025 and O4.O9.2025 and O5'09'2025' It is submitted that respondent No.2 forwarded tJ:e same to Assistant Commissioner of Police, Nizamabad for enquiry and report. Aftgr completion of enquiry, the petitioner was advised to join and participate rally program of main committee i'e', District Central Milad Committee r,vhich took permission for the same route. It is further submitted that petitioner committee was registered in the month of December 2024 ar,d now the r \ petitioner's committee applied for the frrst time enrouting 6 KMs rally with bikes autos and cars. Further, ttre petitioner's committee enrouted the rally in mixed communit5r areas and It ! :,i4:i that Nizamabad is a communal sensitive a- immersion of Ganesh idols is going to tlle I days. As such there is a possible chance to r and tranquility and disturbance to the traff i, Accordingly, the petitioner committee was arl participate in the rally program of main Comrr Central Milad Committee, who already obtainec :a, moreover, the eld on the same poil public peace , law and order. rised to join and ittee i.e., District permission.

5. In that view of the matter, since the c :titioner,s prayer is only for publicity in 2 auto rickshaws ; .nd that in the representation of the petitioner dated 19.Oti 2025, petitioner requested for rally and jalsa programs, no rr i ndamus can be issued at this point of time keeping in view p ublic peace ald tranquility. The petitioner is at liberty to follov,the advice given by the Sub-Inspector of police, Nizamabad.

6. With the above observations, this writ petition stands dismissed. Miscellaneous petitions, if any, pendi I 1 in this writ petition shall stand closed. No costs. SD/.A.1I S. GOWRI SHANKAR ASiI ;ISTANT REGISTRAR //TRUE COPY// becrroru oFFtcER To, \$ 1 2 J One CC to SRl. MEKALA GOUTHAM KUMAR Advocrr e [OpUC] Two CCs to GP FOR HOIVTE ,High Court for the State ( f Telangana. [OUT] Two CD Copies , , I I HIGH COURT DATED:0210912025 l: 0a O u- $ ,S.., r'-]}v h\ ,'.)^ l, -:'' ,9S) rl * \ +l\ -ir ;',1 . :l ( ORDER WP.No.26041 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS 6 ta.\D(