Bombay High Court
Hazrat Jaman Jatti Shah (Jamanshah) ... vs The State Of Mah. Thr. Its Secretary In ... on 15 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:512-DB
20.wp43.2024jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. 43 OF 2024
1. Hazrat Jaman Jatti Shah (Jamanshah) Dargah
Committee a Public Trust and Wakf, having its
Office at Aastane Mubarak, Jamanchattishah
... Petitioners
Ward, Lalpeth, Chandrapur, Through its
President Naseemkhan Hameedkhan Pathan
2. Naseemkhan Hameedkhan Pathan
Aged adult, Resident of Lalpeth, Chandrapur
Versus
1. State of Maharashtra,
Through its Secretary in the Ministry of
Home, Mantralaya, Mumbai 400 032.
2. Superintendent of Police,
Chandrapur City, ... Respondents
Chandrapur.
3. Police Station Officer,
City Police Station, Chandrapur.
4. Sub - Divisional Magistrate, Chandrapur.
Mr. S.V. Bhutada, Advocate for petitioners.
Mr. J.Y. Ghurde, APP for respondent Nos.1 to 4.
CORAM : VINAY JOSHI, AND
SMT. VRUSHALI V. JOSHI, JJ.
DATE : 15.01.2024.
ORAL JUDGMENT: (PER: Vinay Joshi,J)
Rule. Rule made returnable forthwith. Heard finally
by consent of both the learned counsel for the parties.
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(2) The Petitioner No.2 is President of Petitioner No.1-
Trust which is a Public Trust and Wakf. The petitioners have applied to
the police for grant of permission to conduct religious programme
namely "Urs" scheduled in between 16.01.2024 to 18.01.2024.
According to petitioners, permission was not granted but, police issued
a notice in terms of Section 68 of the Maharashtra Police Act. It is
petitioners' case that on 11.12.2023, they have applied to the police
for permission, however, instead of processing the application, the
above notice has been issued.
(3) Learned counsel for petitioners has tendered copies
of the permission granted in favour of petitioners in preceding years
which are dated 23.04.2015, 07.04.2016, 16.03.2018, 07.03.2019 and
20.02.2020, the said permission was with certain conditions imposed
at the relevant time.
(4) Respondents have filed reply stating that since last
few years there is a dispute among the members of the Executive
Committee and there are two fractions. The dispute is pending before
the Charity Commissioner. Since the year 2017, elections are not held.
It is expressed that if petitioners are allowed to conduct the
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programme then it may raise unrest. Since, despite disputes, each year
permission was granted, there is no special reason mentioned for
denial. Certainly, petitioners have to abide by the orders passed by
Administration in terms of the Maharashtra Police Act. In view of that,
the petition is partly allowed. The respondent shall grant permission
by imposing all suitable conditions which they deem fit.
(5) Necessary orders shall be passed forthwith on
receipt of copy of this order.
(6) The petition stands disposed of accordingly.
[VRUSHALI V. JOSHI, J.] [VINAY JOSHI, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 3 OF 3
Designation: PA To Honourable Judge
Date: 15/01/2024 19:42:07
