Niraj S/O Gulabrao Gujar vs Collector, Wardha And Others
2017 Latest Caselaw 2386 Bom

                                 1                        wp2861.17.odt         



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH : NAGPUR

                      WRIT PETITION NO.2861 OF 2017


Niraj s/o. Gulabrao Gujar,
Aged about 50 years, Occ.
Business (Social Worker),
r/o. Anand Nagar, Phul
Fail, Wardha.                                 ..             PETITIONER


     .. Versus ..



1. Collector,
   Wardha.
2. Sub-Divisional Officer,
   Wardha.
3. Chief Executive Officer,
   Municipal Council, Wardha.
4. Superintendent of Police,
   Wardha.
5. Police Station Officer,
   Wardha City,
   Wardha.                                    ..            RESPONDENTS

____________________________________________________________________
         Mr.Shashibhushan Wahane, Advocate for Petitioner.
      Mr.Bharti Dangre, G.P. for Respondent Nos. 1, 2, 4 and 5.
 ____________________________________________________________________



                                      CORAM : B.R.GAVAI &
                                              A.S.CHANDURAR, JJ.

DATED : May 05, 2017.

ORAL JUDGMENT (Per B.R.Gavai, J. )

1. Rule. Rule is made returnable forthwith. Heard finally by

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consent of learned counsel appearing for the parties. Mrs.Bharti

Dangre, learned Government Pleader waives service on behalf of

respondent nos. 1, 2, 4 and 5. Since no adverse order prejudicial to

the interest of respondent no.3 is passed herein requiring notice to

respondent no.3, notice to respondent no.3 shall stand waived.

2. The petitioner has approached this Court being

aggrieved by rejection of permission for holding a function "Buddha

Pahat" i.e. a musical event in the morning to celebrate 'Bouddha

Pournima'. The only ground on which the permission is rejected is

that the spot is in the vicinity of statue of Dr.Babasaheb Ambedkar

and is in the silent zone.

3. The learned Government Pleader has placed on record

the report of Police Inspector. Perusal of the Police report would

reveal that there does not appear to be a serious objection of Police

Authorities. It appears that the Police Officers have insisted that

there should be no any hindrance to the traffic. That the Organizers

should complete the event within the stipulated period. They

should not play DJ Music system. They should not do any act which

shall cause injury to religious sentiments of any one. We find that if

the conditions, as imposed in the permission, are undertaken to be

followed by the Organizers, there should be no impediment in

holding the said function. In any case, in accordance with various

directions issued by the Hon'ble Apex Court as well as this Court

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playing of DJ Music system as well as hindrance to the traffic is

already not permissible. In that view of the matter, we quash and

set aside the impugned communication dt.2.5.2017.

4. We permit the petitioner to hold the event 'Buddha

Pahat' between 6.00 a.m. to 7.30 a.m. on the condition that the

petitioner give an undertaking before this Court that they will abide

by conditions Nos. 1 to 12 imposed in the communication

addressed by the Police Authorities to the S.D.O.

5. Rule is made absolute in the aforesaid terms. No order as

to costs.

                               JUDGE                       JUDGE



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