Court No. - 34
Case :- WRIT - C No. - 31641 of 2019 Petitioner :- Ratanpur Sarvjanik Ram Leela Society Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Mr. Manoj Srivastava, learned counsel for petitioner and learned Standing Counsel representing State-respondents.
2. This writ petition under Article 226 of Constitution of India has been filed challenging order dated 16.09.2019 passed by respondent no.2, District Magistrate, Kanpur Nagar (Annexure-6 to the writ petition), whereby permission has been granted to hold Ram Leela in favour of the organizer namely Suresh Tripathi, Mahamantri, Sarvajanik Ram Leela Society, Ratanpur, Panki, Kanpur Nagar and further for a writ of mandamus commanding respondent no.2 to permit petitioner Society to hold Ram Leela.
3. It is contended by learned counsel for petitioner-Society that petitioner had also applied for grant of permission to hold Ram Leela but respondent-2 has granted permission to hold Ram Leela in favour of respondent-4 vide order dated 16.09.2019 without rejecting claim of petitioner.
4. No person has a fundamental or legal right to hold Ram Leela at a particular place. Such Ram Leela can be held only when permission is granted by concerned authority in favour of any person. We do not find that any dispute with regard to holding Ram Leela at particular place by a particular person should be entertained by this Court in exercise of its jurisdiction under Article 226. Lastly, in case petitioner has otherwise grievance or dispute with private respondent-4, remedy is available to petitioner in common law. No relief can be granted in a writ petition filed under Article 226 of the Constitution of India.
5. Writ petition, accordingly, stands dismissed on the ground of alternative remedy.
Order Date :- 27.9.2019 Ashish Pd.