Court No. - 32
Case :- WRIT - C No. - 6457 of 2018 Petitioner :- Nanhey Shah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Shukla Counsel for Respondent :- C.S.C.,Karunesh Narayan Tripathi
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
Heard the learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
The instant writ petition under Article 226 of the Constitution of India with a prayer to issue a writ, order or direction in the nature of certiorari to quash the order dated 29.1.2018 passed by the Sub Divisional Magistrate, District Bareilly on the application given by the respondent no. 4.
The learned counsel for the petitioner submits that earlier permission was granted vide order/ letter dated 19.1.2018 issued by the Sub Divisional Magistrate, Sadar Bazar, Bareilly. Now by the impugned order dated 29.1.2018 the same has been cancelled, hence the petition.
It is submitted by the learned counsel for the petitioner that the impugned order cancelling the licence for using/playing the loudspeaker is unreasonable and the same is liable to be quashed. He further submits that there is no such oral or written agreement between the parties as mentioned in the order.
The learned Standing Counsel and the learned counsel for the opposite party submitted that because the temple as well as the mosque situated at a distance of only 50 meter, and due to loudspeaker, repeatedly there was dispute in between the parties, hence in the interest of justice it was decided that during special occasion permission be granted to play the loudspeaker with restricted volume.
There is no illegality or irregularity in the order, it appears to be reasonable, no interference is required.
Accordingly, the writ petition is dismissed.
Order Date :- 27.2.2018 N.A.