Hon'ble Irshad Ali,J.
Heard Sri Arvind Pratap Singh, learned counsel for the petitioner and Sri Anil Kumar Singh Bisen, learned Standing Counsel for the State-respondents.
By means of the instant petition under Article 226 of the Constitution of India, the petitioner is seeking for issuance of writ of mandamus directing the concerned District Magistrate or any other authority to grant permission for installation of idol/statue of Maa Durga which is going to be started from 29.09.2019 at Nav Durga Pooja Samiti, Village Baisanpurwa, P.S. Huzurpur, Tehsil Kaiserganj, District Bahraich.
Learned Standing Counsel has very fairly produced the order dated 21.09.2017 passed in Misc. Bench No. 23099 of 2017 connected with ten other writ petitions and has submitted that in aforesaid number of writ petitions filed before this Court, matter has been disposed of with the direction to the concerned District Magistrate to consider the application seeking permission for Durga Pooja and allied activities will include the authority to or refuse with or without conditions so that law and order in vicinity is maintained. The order dated 21.09.2017 reads as under:-
"In all the aforesaid writ petitions, the controversy relates to installation of an idol of Maa Durga and celebration of Durga Puja and, as such, all the writ petitions have been clubbed together and are being decided by a common order.
According to the petitioners, they want to install a Pandal on the occasion of Navratram and in this connection, they have made an application to the concerned District Magistrate for according permission but till date, no order has been passed. According to them, there is no apprehension of breach of peace and the pooja will be performed peacefully. They further undertake that they are ready to abide by the terms and conditions, which are prescribed by the concerned district administration.
Learned Counsel for the petitioners in this regard has placed before us copy of the order dated 1.10.2013 passed in writ petition No. 8924 of 2013 (M/B) : Durga Pooja Samiti through its General Secretary Ram Kuwanrey Vs. District Magistrate Bahraich and other connected writ petitions as also the copy of the order dated 12.10.2015 passed in writ petition No. 9572 (M/B) of 2015 : Nav Durga Pooja Seva Samiti Vs. State of U.P. and others and other connected writ petitions and submitted that appropriate directions may be issued in their writ petitions as were issued in the above-referred writ petitions decided earlier.
Learned Standing Counsel has no objection if a direction is issued to the District Administration for passing appropriate order in accordance with law on the application of the petitioner society for installation of idol and performing pooja.
It is relevant to mention that in writ petition No. 8294 of 2013 (M/B), a Division Bench of this Court observed as under :
"The aforesaid issue by this Court seems to meet out the requirement of the petitioners as well as State Government. Attention has also been invited towards the case reported in 2011(5) ADJ 674: Vasudev Gupta. Vs. State of U.P. and others in which, the Division Bench of this Court held that power conferred on the State Government is regulatory and not prohibitory in nature. The citizens of the country should be permitted to proceed their religious faith without disturbing the peace of society. The apprehension in their mind that they may not be permitted to profess in accordance to their religious faith, seems to be not good sign for the democracy and the law and order. The Government must take necessary steps to ensure that people may be able to perform their religious rites in accordance with their faith and religion. The power conferred on the State Government to maintain law and order, should be regulatory and not prohibitory. Citizens are entitled to perform their religious celebration without disturbing the peace of society."
Similarly, a Co-ordinate Bench of this Court while disposing of writ petition No. 9572 of 2015 (M/B), referred to hereinabove, dealt with the similar issue and held as under :
"The administration therefore has to blend its decision and not be indifferent to the concern of the public at large. The religious faiths which are preserved and secured as guaranteed under the Constitution have to be continued and preserved so long as the constitution exists. The administration therefore cannot absolve itself of any such responsibility but at the same time as indicated in the judgment in the case of Shri Durga Puja Samiti (supra), it is equally the duty of the petitioners as well as other citizens involved in such celebrations to remind themselves of their own fundamental duties as enshrined under chapter IV-A of the Constitution of India."
Having considered the submissions made by the parties and the order passed in the aforesaid writ petitions together with the fact that Durga Pooja is going to commence from today, the petitioners are directed to make a fresh application/representation to the concerned competent authority concerned and in case such a representation is made, the concerned competent authority shall consider and decide the same within 24 hours from the date of receipt of the certified copy of this order along with the application/representation made by the petitioners.
Considering the prayer of the petitioners and the observations made in the above referred judgments, we provide 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.
So far as the route for the immersion procession is concerned, authorities would be, in the event the permission is granted, at liberty to prescribe an appropriate route having due regard to the exigencies of law and order.
Needless to say that power/authority vested in the District Magistrate or any other authority to consider the application seeking permission for Durga Pooja and allied activities will include authority to grant or refuse with or without conditions so that law and order in the vicinity is maintained.
With the aforesaid observations/ directions, all the writ petitions are disposed of finally.
Let a certified copy of this order be issue to the petitioner on payment of usual charge, if possible, today."
The instant writ petition is accordingly, disposed of in the aforesaid terms.
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[Irshad Ali, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 27.9.2019 Gautam