Himachal Pradesh High Court
Court On Its Own Motion vs . State Of H.P. & Others on 27 March, 2023
Bench: Sabina, Satyen Vaidya
Court on its own motion Vs. State of H.P. & Others .
CMP No. 2987 of 2023 in CWPIL No.146 of 2017 27.03.2023 Present: Mr. Sidharth Jalta, Deputy Advocate General for the applicants-State.
This application has been filed under Section 151 CPC seeking permission to use the school ground of Government Senior Secondary School, Dharampur, District Solan, to organize 'Mata Mansa Devi Mela' w.e.f. 28th March, 2023 to 30th March, 2023.
2. Learned Deputy Advocate General has submitted that the 'Mela' is to be organized in School ground premises. There is no other place available than the Government Senior Secondary School, Dharampur ground premises, where the 'Mela' in question can be organized. 'Mela' is being organized to protect the cultural heritage. 'Mela' is celebrated from time immemorial and many sports activities like wrestling, Kabaddi competition etc., would be held during the 'Mela' in question. The cultural programmes will be organized after 5.00 p.m. on the dates in question so that studies of the students will not suffer. The Deputy Director of Higher Education has issued 'No Objection Certificate' to organize the 'Mela' in the school premises in question.
3. In view of the orders passed by this Court in CWPIL No.146 of 2017, restrictions have been made to ::: Downloaded on - 28/03/2023 20:39:16 :::CIS utilize the playgrounds of the Schools/Colleges holding any .
such programme, therefore, the applicant has filed the present application.
4. Learned Deputy Advocate General has 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 'Mela', w.e.f. 28th to 30th March, 2023, in the premises of Government Senior Secondary School, Dharampur, District Solan, H.P., 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;::: Downloaded on - 28/03/2023 20:39:16 :::CIS
(iv) That the law and order shall be maintained .
by the local administration during the said period; and
(v) That the applicant shall deposit a sum of Rs.5000/ in the Students Welfare Fund of the school.
The application stands disposed of.
(Sabina) Acting Chief Justice (Satyen Vaidya) Judge March 27, 2023(ps) ::: Downloaded on - 28/03/2023 20:39:16 :::CIS