CHERUKURI DURGA BHAVANI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner resides in a building situated at a premises situated in Vijaya Nagar Colony, Hyderabad. The petitioner alleges that the egress and ingress to the said building premises is going to be blocked if the proposed temporary construction of the pandal by the 4th respondent-Association to celebrate this season's Vinayaka Chathurthi festival. That there are about six families residing in the building including small school going children as well as aged persons. The respondent-authorities previously have been granting permission for construction of a temporary pandal in front of the petitioner's building for celebrating the festival for about 9 to 11 days. That during these days the whole area of the public road would be closed and in the process the entry gate of the building would be blocked and it would be difficult for the petitioner and other members of the building to go out and it is nothing short of a house arrest. That under Section 31 of the Hyderabad Police Act, it is a statutory duty of the official respondents to maintain public order on public roads when such roads are permitted to be blocked or obstructed for such pandals or functions of worship. Representations made in that behalf to the authorities did not yield any concrete results, the present writ petition is filed seeking for appropriate directions, in the interest of justice.

(2.) Counter affidavit is filed by the 3rd respondent-Inspector of Police wherein it is stated that pursuant to the representation received from the petitioner, inspection of the locality was done and on enquiry it was ascertained that the organizers of the 4th respondent-Association are not blocking the road completely much less the main entrance gate of the petitioner; as alleged by the petitioner and that there is passage for the petitioner and other inmates of the building for ingress and egress and also passage for the general public to move from one side to other side. That as an abundant caution, the 3rd respondent instructed the organizers of the 4th respondent-Association not to block the road and not to cause any inconvenience to the petitioner as well as the general public in the colony. That any permission for temporary construction of the pandal for the up coming festival 2019 would be granted in accordance with the provisions of the Act and the rules made thereunder; any violation of terms of permission/license will attract action or will suggest the organizers to shift to any other alternate place for construction of the pandal.

(3.) The Secretary of the 4th respondent-Association also filed counter affidavit stating that the members of the association are organizing the Vinayaka Chathurthi festival in the colony and they have been celebrating the festival collectively for the last several years at the same place by construction of temporary pandal. That the proposed pandal would in no way obstruct the entrance gate of the petitioner's building and there would be sufficient passage for ingress and egress to the building. It is denied that the pandal would block the petitioner's main gate. It is also denied that people gather at large numbers through out the day and night and cause pollution and nuisance damaging the public road by throwing waste materials like plastic glass etc. It is stated that devotees gather for performing Puja in the evening from 6 to 9 pm and at no point of time they cause any nuisance or throw any waste material on the road, but celebrate the festival with devotion, dedication and enthusiasm. That most of the residents of the colony participate, with devotion, and offer, voluntarily their donations/offerings to celebrate the festival. That the pandal proposed to be laid is an internal service road of the colony which is having other connecting road without disturbing the passage of the residents of the colony. That they will abide by the terms of permission granted by the authorities and celebrate the festival with devotion without causing any inconvenience to any person of the colony.