Bombay High Court
The Takht Sachkhand Shri Hazur ... vs The Union Of India Secretary And Others on 25 October, 2020
Bench: S. V. Gangapurwala, Shrikant D. Kulkarni
1 wp 7303.20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7303 OF 2020
The Takht Sachkhand Shri Hazur
Apchalnagar Sahib Board, Nanded
Through its Secretary
Ravinder Singh S/o Asha Singh Bungai .. Petitioner
Versus
The Union of India and others .. Respondents
Shri R. S. Deshmukh, Senior Advocate i/by Shri Devang
Deshmukh, Advocate and Shri I. S. Godsay, Advocate for the
Petitioner.
Shri A. G. Talhar, A.S.G. for Respondent Nos. 1 and 2.
Shri Rahul Chitnis, Advocate i/by Shri D. R. Kale, Incharge
Government Pleader for Respondent Nos. 3 to 5.
CORAM : S. V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 25TH OCTOBER, 2020.
ORDER :
. The praecipe is moved by the respondent/State for further clarification/modification of the order dated 23 rd October, 2020 passed in Writ Petition No. 7303 of 2020.
2. Mr. Chitnis, the learned advocate for the respondent/State submits that, one of the reason for moving the praecipe was that, the Secretary of the petitioner had not tendered an undertaking on 24th October, 2020. It is only when the praecipe is moved, the State has received an undertaking of the Secretary. The learned advocate further submits that, the respondent/State had received ::: Uploaded on - 25/10/2020 ::: Downloaded on - 26/10/2020 05:57:37 ::: 2 wp 7303.20 feed back that some youths were not ready to abide by the order passed by this Court.
3. We make it clear that, under our order dated 23 rd October, 2020, we had only permitted the procession on two large open trucks with certain conditions and restrictions. We had specifically observed that, no person shall accompany the open trucks on foot.
4. The State has passed an order on 21st October, 2020 rejecting the representation of the petitioner seeking permission to celebrate Dussehra Julus on 25th October, 2020.
5. The petitioner had filed the Writ Petition No. 7303 of 2020 aggrieved by the said order. Before passing the order dated 23 rd October, 2020, we had heard the learned senior advocate for the petitioner, the learned senior advocate for the State and also the learned Advocate General for the State of Maharashtra. In para No. 3 of the order, we had observed that, we asked the learned advocates to find out a solution and thereafter we had passed the order.
6. The order dated 23rd October, 2020 in Writ Petition No. 7303 of 2020, in fact only modifies the order dated 21 st October, 2020 passed by the respondent/State of Maharashtra. If something is done beyond the order dated 23rd October, 2020, it is open for the law enforcing agency and the State to take necessary action. It is the responsibility of the State to maintain ::: Uploaded on - 25/10/2020 ::: Downloaded on - 26/10/2020 05:57:37 ::: 3 wp 7303.20 law and order.
7. Mr. Chitnis, the learned advocate further submits that, other office bearers be directed to give undertaking. It is submitted that, the President is residing at Mumbai and is not at Nanded. Two elected members are present at Nanded namely Gurumitsing Mahajan and Manpritsing Kunjiwale. The Secretary assures that these two persons would give undertaking as given by him.
8. We accept the undertaking given by the Secretary as directed under order dated 23rd October, 2020.
9. At this stage, Mr. Deshmukh, the learned senior advocate for the petitioner submits that, it is not feasible to accommodate five large horses, sixteen Nishan Sahib in two trucks and he requests that one additional truck be allowed along with the two trucks permitted by this Court to conduct the ceremony and proceed one and half kilometer as is permitted by the Court.
10. We asked Mr. Chitnis, the learned advocate for the respondent/State in that regard. Mr. Chitnis, the learned advocate consulted the Superintendent of Police, Nanded and the Collector, Nanded. Upon consultation with the Superintendent of Police, Nanded and the Collector, Nanded, Mr. Chitnis, the learned advocate submits that, administration would permit the petitioner one additional truck.
::: Uploaded on - 25/10/2020 ::: Downloaded on - 26/10/2020 05:57:37 :::4 wp 7303.20
11. The petitioner is permitted additional one truck i. e. three large trucks only. The petitioner would accommodate the horses, Nishan Sahib and Kirtan Jathe, Palkhi Sahib that is permitted under order dated 23rd October, 2020, in these three open trucks.
12. The three persons who are giving undertaking would be permitted on trucks as it would be necessary for them to supervise the event.
13. Save and above permitting one additional large truck, the petitioner is bound to comply with the conditions and directions under order dated 23rd October, 2020.
14. In view of the above, the motion is disposed of.
15. The parties to act on authenticate copy.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Oct. 20 ::: Uploaded on - 25/10/2020 ::: Downloaded on - 26/10/2020 05:57:37 :::