WPMS/2717/2021
2021 Latest Caselaw 5344 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
    ON THE 27TH DAY OF DECEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


    WRIT PETITION (M/S) No. 2717 of 2021

BETWEEN:

Gobind Bhawan Karyalaya & others.            .......Petitioners
     (By Mr. A.S. Rawat, Senior Advocate, assisted by Mr.
     Prasanna Karnatak, Advocate)

AND:
State of Uttarakhand & others.               ...Respondents
     (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
     Uttarakhand   and   Mr.   Narendra   Bali,   Advocate   for
     respondent nos.6 to 14)


                      JUDGMENT

By means of this writ petition, petitioners have sought the following reliefs:

"I. To issue a writ or writs particularly in the nature of mandamus directing the respondent authorities being respondent No. 1 to 5 to strictly restrain the agitating employees & other unlawful protesters from holding any kind of agitation, demonstration, Dharna, threat against the employees and other visiting devotees of Gita Bhawan and in and around the premises of the Gita Bhawan and strictly implement such restrictions so as to functioning of Gita Bhawan is not obstructed or hampered.

II. To direct the respondent authorities to deploy some regular police force at Gita Bhawan fur curbing the activities of the protestors."

2. According to the petitioners, the workmen of Gita Bhawan Ayurved Sansthan are holding agitation, Dharna etc. within the premises of Gita Bhawan at Rishikesh and are, thus, disturbing peace & tranquility of Gita Bhawan.

3. This Court vide order dated 16.12.2021 had permitted the petitioners to serve respondent nos. 6 to 14 personally. Today, Mr. Narendra Bali, Advocate has put in appearance on behalf of respondent nos. 6 to 14. He submits that photographs enclosed with the writ petition are of the year 2015 and those photographs have been enclosed to portray a false picture before this Court. He further submits that, after March, 2021, no agitation or Dharna has been resorted to by respondent nos. 6 to 14. He further submitted that dispute between workmen and management of Gita Bhawan Ayurved Sansthan has been referred for adjudication to Labour Court and the workmen are waiting for the decision by Labour Court and they have not indulged in any activity which may result in breach of peace in the locality.

4. In view of the submission made on behalf of the workmen that they are not resorting to any agitation, demonstration or Dharna etc. within the premises of Gita Bhawan, the writ petition is disposed of with a direction to Station House Officer, Police Station Lakshman Jhula, Rishikesh to ensure that peace & tranquility is maintained in and around Gita Bhawan premises. He shall further ensure that no demonstration is held within 100 meters of main gate of Gita Bhawan at Rishikesh.

(MANOJ KUMAR TIWARI, J.) Arpan