Hon'ble Manish Mathur,J.
Notice on behalf of opposite parties no.1, 2, 4 and 5 has been accepted by learned Chief Standing Counsel, whereas Mr. R.P. Singh, Advocate has accepted notice on behalf of opposite party no.3.
For the order proposed to be passed, there is no need to issue notices to opposite parties no.6 to 10, as such, notices to them are dispensed herewith.
The instant writ petition has been filed seeking following reliefs:
"i. Issue a writ, order or direction in the nature of mandamus commanding the opp. parties no.1 to 5 to restrain the opp. parties no.6 to 10 to light the bonfire (Holika Dahan) infront of (Sahan) house of petitioner on the eve of Holy which is scheduled to held on 28.03.2021 to 31.03.2021.
ii. Issue a writ, order or direction in the nature of mandamus commanding the opp. parties no.1 to 5 to restrain the opp. parties no.6 to 10 not to cause any harm to the house and property of the petitioner.
iii. Issue a writ, order or direction in the nature of mandamus commanding the opp. parties no.1 to 5 to arrange the bonfire (Holika Dahan) to any alternate, suitable open land far away to abadi land.
iv. Issue a writ, order or direction in the nature of mandamus commanding the opp. parties no.1 to decide the representation of the petitioner dated 19.01.2021 as contained as Annexure No.3 to this writ expeditiously within a short period.
v. Issue any other writ, order or direction as this Hon'ble Court may deem just and proper in the circumstances of the case."
Learned counsel for the petitioner submits that the private respondents i.e. opposite parties no.6 to 10 are making arrangements for Holika Dahan at the place which is very near to the house of the petitioner and is not marked for the purpose of Holika Dahan Festival by the opposite party no.3. It is also submitted that in the year 2019 the private respondents had performed Holika Dahan at the present place where they want to carry out the Holika Dahan due to which house of the petitioner had caught fire. The FIR was lodged in which the police after investigation has filed charge sheet. Now this year again the private respondents are bent upon to carry out the Holika Dahan in most arbitrary and illegal manner, at the same place.
We have considered the submissions made by parties' counsel and gone through the records.
We are of the view that the authorities concerned i.e. opposite parties no.1, 2, 3, 4 and 5 shall ensure that the Holika Dahan is carried out at the earmarked place and there is no threat to the safety of the house of the petitioner. The petitioner shall contact the concerning authorities in this regard. It is expected that the authorities concerned will do the needful, as observed above.
With these observations, writ petition is disposed of.
Order Date :- 9.2.2021 Ram.