Bhandara Nagar Vijaya Dashami ... vs Union Of India, Ministry Of ...
2022 Latest Caselaw 10152 Bom

                              1

                                       03-10-2022-wp-6076-2022.odt

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH, NAGPUR
              Writ Petition No.6076 of 2022

1. Bhandara Nagar Vijaya Dashami Utsav Samiti,
   through its President
   Sanjay Bhaiyyaji Kumbhalkar,
   Aged about 50 years,
   Occu: Business,
   Rajendra Ward, Shukrawari,
   Bhandara.

2. Sanjay S/o Bhaiyyaji Kumbhalkar,
   Aged about 50 years,
   Occupation- Business,
   Resident of Tulsi Nagar,
   Khat Road, Bhandara.                               ... Petitioners

     Versus

1.   Union of India,
     Ministry of Railways,
     through its Secretary,
     New Delhi.

2.   South Eastern Central Railway,
     Nagpur,
     through its Divisional Engineer/
     Central, South Eastern Central Railway,
     Nagpur.                                          ... Respondents


Shri M.P. Khajanchi, Advocate for Petitioners.
Shri N.S. Deshpande, Deputy Solicitor General of India for
Respondents


         CORAM : SUNIL B. SHUKRE & G.A. SANAP, JJ.

DATE : 3rd OCTOBER, 2022

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

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

03-10-2022-wp-6076-2022.odt

consent of the learned counsel for the parties.

2. It is seen from the documents placed on record by both the

sides that now there are two factions of Bhandara Nagar Vijaya

Dashami Utsav Samiti, which are to celebrate Vijaya Dashami festival

on 5-10-2022. It is further seen that both these factions were granted

permission to hold their celebrations within the areas allotted to them,

out of huge ground having area of about 22,500 square meters, but

later on, on the ground that inconvenience would be caused to the all

concerned, the permission earlier granted to the petitioners was

cancelled by the respondent No.2. We do not know as to how

suddenly the reason of 'inconvenience', has cropped up when it was

also a factor to be considered at the time when the permission to hold

the celebrations was granted to both the factions. Now the situation is

that the Tahsildar, Bhandara, has revoked his no objection granted to

the faction of the petitioners for holding their celebrations, citing the

reason that this petition is pending. This revocation of no objection is

also subject to the final result of the petition. It is not the case of the

Tahsildar that there would be some issue about law and order

disturbance if both the factions are permitted to have their own

celebrations within the areas separately earmarked for them.

3. In view of above, we direct the respondent No.2 to re-consider

the whole issue of grant of permission to hold Vijaya Dashami

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celebrations in the context of disturbance of law and order situation,

and if it is found that there would be disturbance of law and order, the

respondent No.2 would be at liberty to take a fresh decision in respect

of Vijaya Dashami Utsav celebrations proposed by any of the factions.

We also make it clear that if any disturbance of law and order situation

is created on account of grant of permission to any of the factions, the

responsibility shall lie upon the shoulder of the respondent No.2.

4. In view of above, we dispose of the petition. Rule

accordingly. No costs.

5. Steno copy of this order be furnished to both the sides.

                                  (G.A. SANAP, J.)                       (SUNIL B. SHUKRE, J.)
          Lanjewar




Digitally Signed By :P D
LANJEWAR
Signing Date:03.10.2022
18:13