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Shri Nav Durga Pooja Mahotsava ... vs State Of U.P.Thru.Prin. Secy. ...

High Court Of Judicature at Allahabad|27 September, 2019

JUDGMENT / ORDER

Hon'ble Saurabh Lavania,J.
Heard learned Counsel for the petitioner and learned State Counsel for the respondents.
The present petition has been filed for the following main reliefs:-
"(i) Issue, a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties, especially opposite party no. 2/District Magistrate, Sharavasti, to grant and accord permission on the application of the petitioner- pooja Samiti, already moved, to install the idols of Maa Durga Ji at their concerned Pooja place, as mentioned in the application, as contained in Annexure no. 2 to the writ petition and also allow to take-out the immersion processions and to immerse the idols of Maa Durga Ji in the concerned Bhakla Nadi, already specified in the application, already submitted to the District Magistrate, Sharavasti/Sub Divisional Magistrate, Tehsil Ikauna, District Sharavasti."
Learned Counsel for the petitioner submits that in an identical matter, on 20.09.2013 the Division Bench of this Court in Writ Petition No. 8620 (MB) 2013 (Maa Durga Pooja Samiti, through Coordinator Sunil Tiwari Versus State of U.P. and Others), has passed the order. The relevant portion of the order is quoted below:-
"Thus, we dispose of this bunch of writ petitions with directions (i) that the District Authorities shall ensure maintenance of law and order at all such places (traditional as well as new) where idols of Goddess Durga or other deities used to be and would be installed during the Navratri festival; (ii) that the local administration shall not grant permission for the places which are a subject matter of Civil or Criminal dispute and (iii) that this order shall be complied meticulously and implemented before the installation of idols starts. We may also provide that it shall be the individual responsibility of District Magistrate and Superintendent of Police concerned to ensure peaceful celebration of Pooja as well as passage of immersion processions. In the case of any defiance, the law will take its course and they will be proceeded against inter alia also for committing Contempt of this order."
Learned Counsel for the petitioner requested that the similar benefit may be given to the present petitioner.
Learned Counsel for the respondent has no objection, to the prayer made by learned Counsel for the petitioner.
We dispose of the writ petition finally with the consent of parties' counsel in terms of aforesaid direction issued by Division Bench of this court by order dated 20.09.2013 (supra) and direct the respondents to maintain law and order.
With the aforesaid terms, the writ petition is disposed of finally.
. .
(Saurabh Lavania,J.) (Anil Kumar,J.) Order Date :- 27.9.2019 Jyoti/-
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Title

Shri Nav Durga Pooja Mahotsava ... vs State Of U.P.Thru.Prin. Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 September, 2019
Judges
  • Anil Kumar
  • Saurabh Lavania