Madhya Pradesh High Court
Radhasoami Satsang Sabha Dayalbagh ... vs The State Of Madhya Pradesh on 17 January, 2017
MCC-2869-2016 (RADHASOAMI SATSANG SABHA DAYALBAGH AGRA Vs THE STATE OF MADHYA PRADESH) 17-01-2017 Shri Rajendra Tiwari, learned Senior Counsel with Ms. Nidhi Verma, for the applicant. Shri Samdarshi Tiwari, learned Dy. Advocate General for the respondents.
Writ Petition No.17669/2015 was disposed of by this Court on 22.6.2016 with a direction to the State Government to issue the notification de-notifying the area in question within a period of 30 days and liberty was granted to the petitioner to seek restoration of the writ petition or make a complaint to this Court in case de-notification is not issued within 30 days. As de-notification of the area was not issued within 30 days this application has been filed and on notice being issued, respondents have filed a detailed reply indicating as to why now it is not possible for them to de-notify the area. Even though recommendation was made by the State Government, it is stated that in view of certain orders passed by the Supreme Court de-notification may not be possible. Be it as it may be, petitioner has refuted the aforesaid explanation given in the affidavit filed and has indicated that on false and incorrect assertion the de-notification is being denied.
Be it as it may be, the fact remains that the original writ petition was disposed of without going into the merits of the matter only because the State Government indicated that they will be taking steps for denotify the area and now in the facts and circumstances that have come on record, de- notification may or may not be possible. Be it as it may be, this question will now have to be considered and a decision taken in the original writ petition and for the same, this application will have to be allowed for the limited purpose of recalling the order passed in the writ petition as its enforcement on grounds available on record seems to be not possible and thereafter, hear the petition on merit and dispose it of, after considering the rival decision. Keeping in view the aforesaid, this application is allowed. Order dated 22.6.2016 passed in W.P. No.17669/2015 is recalled. The said writ petition is restored to its original file. It be placed for orders before the appropriate Bench. Interim protection and orders passed in W.P. No.17669/2015 shall remain in operation.
Application stands disposed of.
(RAJENDRA MENON) (H.P. SINGH) ACTING CHIEF JUSTICE JUDGE mrs. mishra