Hon'ble Alok Mathur,J.
Heard Sri Sandeep Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
Looking into the issue involved in this writ petition as well as the judgment and order dated 22.9.2014, passed by Coordinate Bench of this Court in Writ Petition No.9439 (M/B) of 2014, the writ petition is finally disposed of with the observation that the authority of the district concerned will take a decision in accordance with law on the application submitted by the petitioner for celebrating Ganesh Pooja. The decision on the application taken by the authority concerned will be intimated to the petitioner expeditiously.
We clarify that the District Magistrate concerned or any other officer of the State Government, who may be required to take a decision on the application which is submitted to him, shall do so after evaluating all the facts and circumstances of this case.
We may also clarify that this order is not intended to circumscribe the discretion of the District Magistrate concerned, while at the same time ensuring that the decision which is to be taken will take into account all relevant and germane circumstances including the fundamental right which is guaranteed by the Constitution as well as the over all need to protect social harmony and public order.
Order Date :- 27.8.2019 Ashish