Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1527 of 2021 Petitioner :- C/M Khushi Jeevan Jyoti Satsang Sewa Samiti Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Awadhesh Kumar Sharma,Indresh Chandra Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Vivek Agarwal,J.
Heard counsel for the parties.
This public interest litigation has been filed by the petitioner Khushi Jeevan Jyoti Satsang Sewa Samiti to seek a restraint order on respondent no.4, Station House Officer, Police Station Tahabarpur, District Azamgarh. It is alleged that respondent no.4 is making interference in the rituals, ceremonies and assembly of the devotees of petitioner/society.
We find that earlier also a writ petition was filed by the petitioner which was disposed of by appropriate order. In pursuance to the direction in the earlier writ petition, petitioner made a representation which has been disposed of by a speaking order. No hindrance was created in assembly and the prayer by the devotees of the society. However, we find that on an application, order was passed against the petitioner under sections 107/116 Cr.P.C. The order remain effective for a period of six months which shows the type of activities undertaken by the devotees of the society which persuaded the authorities to pass the order under section 107/116 Cr.P.C. The period of six months has already expired but it shows that the conduct and the activities of the society was noted by the competent authority before passing the order to direct them to maintain peace in the area in question.
Looking to the facts aforesaid, we do not find any ground to issue direction of the nature sought by the petitioner/society. However, this petition is disposed of with a direction to the society not to indulge in the activities which may require action against them and not to indulge in unnecessary litigation time and again because this is the third public interest litigation for one and the same cause.
Order Date :- 23.9.2021 Madhurima (Vivek Agarwal, J.) (Munishwar Nath Bhandari, A.C.J.)