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Rajasthan High Court - Jodhpur
Vada Ram vs State Of Rajasthan (2026:Rj-Jd:5367) on 29 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:5367]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 408/2026
1. Vada Ram S/o Sh. Kesa Ram Ji, Aged About 69 Years,
Sonana, Ana, District- Pali, Rajasthan
2. Sakharam S/o Sh. Sama Ram Ji, Aged About 64 Years,
Meghawalo Ka Vas, Sela, Bali, District- Pali, Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Devasthan Dept.
Govt. Of Raj, Jaipur, Raj.
2. District Collector Pali, Collectorate Premises, Pali,
Rajasthan
3. Superintendent Of Police, Pali, Rajasthan
4. Additional District Collector (Ceiling), Bali, Pali, Rajasthan
5. Sub Divisional Officer, Sub Division Desuri, Pali, Rajasthan
6. Circle Officer, Circle Bali, Rajasthan Police, Pali, Rajasthan
----Respondents
For Petitioner(s) : Mr. Dungar Dan Charan
Mr. Himanshu Pareek
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
29/01/2026
1. The instant writ petition under Article 226 of Constitution of
India has been preferred by the petitioners against the action of
the respondent authorities in refusing to grant permission to the
petitioners to organize the 38th State-level Dhalop Fair (Mela),
despite the same being conducted peacefully and uninterruptedly
for the last 37 years.
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[2026:RJ-JD:5367] (2 of 4) [CRLW-408/2026]
2. Briefly stated the facts of the case are that the petitioners,
permanent residents and office bearers of Akhil Rajasthan
Meghwal Samaj Shri Raghunathpeer Aashram Trust, have been
organizing the State-level Dhalop Fair (Mela) continuously since
1989 with due permission of the competent authorities. The fair,
rooted in long-standing religious and cultural traditions, has been
conducted peacefully for 37 years, including the previous year
when permission was granted and appreciation was issued by the
police authorities. For the 38th State-level Fair proposed in
February 2026, the petitioners duly applied for permission;
however, despite repeated representations and directions issued
by the District Administration and the Co-ordinate Bench of this
Court, Respondent No. 05 did not decided the application in
accordance with law. The inaction and adamant refusal on the part
of the respondent have jeopardized the timely organization of the
fair. Hence, the present writ petition has been filed seeking
appropriate directions for granting permission and protecting the
petitioner's lawful and customary rights.
3. Heard learned counsel appearing on behalf of the parties and
perused the material available on record.
4. Upon careful perusal of the material placed on record and
after hearing the submissions advanced, this Court finds that the
State-level Dhalop Fair (Mela) has been continuously conducted
for the last 37 years and significantly, there is no material on
record to suggest that the said fair was ever marred by breach of
peace or disturbance of public order.
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[2026:RJ-JD:5367] (3 of 4) [CRLW-408/2026]
4.1 On the contrary, the record reflects that the fair has always
been conducted peacefully, with due cooperation of the
administration. It is, however, noticed that for the present year,
Respondent Nos. 4 and 5 have taken a decision not to permit the
conduct of the fair, allegedly on account of protest raised by a few
individuals.
5. This Court is unable to appreciate such a stand. Maintenance
of law and order is the statutory and constitutional obligation of
the State administration, and the same cannot be used as a
ground to prohibit a long-standing religious and customary
congregation, particularly when no untoward incident has occurred
in the past 37 years. The right of the community to practise and
observe its religious traditions, customs, and usages, including the
organization of a religious fair of this nature, is protected under
the constitutional framework. A customary religious fair,
conducted uninterruptedly for decades, cannot be interdicted
merely because of dissent or protest by a handful of persons,
unless there exists a clear and present threat to public order
supported by cogent material which is conspicuously absent in the
present case.
6. This Court is, therefore, of the considered view that the
action of the respondent authorities in disallowing the fair for the
present year is arbitrary, unreasonable, and contrary to settled
principles of law. If the petitioners have been organizing the fair
peacefully for 37 years, the administration cannot selectively deny
permission in the 38th year without any justifiable cause. Such an
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approach amounts to an abdication of statutory responsibility
rather than its discharge.
7. In view of the aforesaid discussion, the writ petition deserves
to be allowed and is hereby allowed. The order dated 20.01.2026
passed by Sub-Divisional Magistrate is hereby quashed and set
aside. The respondent authorities are directed to permit the
petitioners to conduct the fair in the same manner as it has been
conducted in previous years, subject to reasonable conditions
relating to safety, security, and maintenance of public order.
8. Accordingly, it is directed that upon congregation of
members from surrounding villages, the Sub-Divisional Magistrate
shall ensure that the concerned Station House Officer deploys
adequate police force at the venue. If the situation so warrants,
additional force from nearby police stations or the reserve police
line shall also be requisitioned, so that public tranquility is
preserved and law and order is effectively maintained throughout
the conduct of the fair.
9. Stay petition and any pending applications stands disposed
of.
(FARJAND ALI),J
175-Mamta/-
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