Himachal Pradesh High Court
Court On Its Own Motion vs . State Of H.P. & Others on 7 March, 2023
Bench: Sabina, Satyen Vaidya
Court on its own motion Vs. State of H.P. & Others .
CMP No. 1991 of 2023 in CWPIL No.146 of 2017 07.03.2023 Present: Mr. B.L. Soni, Advocate for the applicant.
Mr. Pranay Pratap Singh, Additional Advocate General for the respondents-State.
This application has been filed under Section 151 CPC seeking permission to use the school ground of Government Senior Secondary School, Mahori, Tehsil Theog, for holding 'Shaand Mahayagna' on 11th and 12th March, 2023.
2. Learned counsel for the applicant has submitted that all the religious ceremonies will be performed in the temple complex itself and only food will be served to the public, who will come to attend the ceremonies, in the playground of the School. The Principal, Government Senior Secondary School, Mahori has issued 'No Objection Certificate' as there are school holidays on 11th and 12th March, 2023. Hence, the studies of the school children will not be adversely effected.
3. In view of the orders passed by this Court in CWPIL No.146 of 2017, restrictions have been made to utilize the playgrounds of the Schools/Colleges holding any such programme, therefore, the applicant has filed the present application.
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submitted that in the past also, similar permission has been granted by this Court for the activities like the present one on certain conditions.
5. We are, therefore, persuaded to allow this application and permit the applicant to organize a cultural event on the occasion of 'Shand Mahayagna', on 11th and 12th March, 2023, in the premises of Government Senior Secondary School, Mahori, Tehsil Theog, District Shimla, for the purposes of only serving food to the public, who will come to attend the ceremonies performed in the temple, on the following conditions:-
(i) That no damage shall be caused to the property of the school and its playground, where the event is proposed to be organized;
(ii) That after event is convened, the playground shall be handed over to the Principal of the School in neat and clean condition;
(iii) That the applicant shall follow the COVID protocols, such as norms of social distancing and use of masks etc. and other guidelines issued by the State Government and the Central Government;
(iv) That the law and order shall be maintained by the local administration during the said period; and ::: Downloaded on - 07/03/2023 20:40:27 :::CIS
(v) That the applicant shall deposit a sum of .
Rs.5000/ in the Students Welfare Fund of the school.
The application stands disposed of.
r to (Sabina)
Acting Chief Justice
(Satyen Vaidya)
Judge
March 07, 2023(ps)
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