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High Court of Himachal Pradesh · body

2017 DAILYLAW 1464 (HP)

court on its Own Motion v. STATE OF HP

CMP/3989/2026 · 2026-03-30

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

Public Interest Litigationbody2017

Judgment text

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Court on its own motion vs. State of H.P. and others CWPIL No.146 of 2017 Item No.D-14 30.03.2026 Present: Mr. Mohan Sharma, Advocate, for the applicant in CMP No.3989 of 2026. Mr. Lal Singh Mehta, Advocate, for the applicant in CMP No.4688 of 2026. Mr. Sidharth Jalta, Deputy Advocate General, for the applicant in CMP No.4689 of 2026. CMP No.4689 of 2026 Necessary a davit has been led by the Principal, Government Senior Secondary School, Ghumarwin, H.P., in reference to the order passed on 23.03.2026, as to whether the school would remain open from 05.04.2026 to 09.04.2026. 2. The a davit is again elusive and does not specify whether the children will be attending classes or not. Rather, the application would go on to show that the school was only to be closed on 05.04.2026 due to holiday. 3. In such circumstances, we do not feel it appropriate to allow the application for usage of the school premises for cultural activities in respect of Garishma Utasav fair/festival, as it would disrupt the studies of the children and would be mitigating against the main judgment dated 11.12.2017 passed by this Court. 4. Application stands disposed of. CMP Nos.3989 & 4688 of 2026 5. These Applications have been led for organizing the Nalwar Mela/Lauhal Mela at Karsog both by the Mamleshwar Maha Dev Temple Committee, Mumail through the Secretary of the Shiv Mandir Committee Mumail, Karsog and by the Sub Divisional O cer (Civil)-cum-Chairman, District Level Nalwar Fair Committee Karsog. 6. Learned counsel submit that they would be satised if permission is granted from 05.04.2026 to 11.04.2026 in the Government Senior Secondary School, Karsog, Mandi. 7. Vide order dated 23.03.2026, we had directed that necessary a davit be led by the Principal, Government Model Senior Secondary School, Karsog, as to whether the School would be functional from 01.04.2026 to 12.04.2026. 8. The a davit now led would go on to show that the annual examinations are scheduled to conclude on 01.04.2026 and the admission process for the academic session shall be undertaken from 01.04.2026 to 12.04.2026. It has also been mentioned that the school has two additional grounds available for academic and sports activities, along with separate entry and exit gates. Learned counsel have also brought to our notice that on an earlier occasion, this aspect has been noticed while allowing CMP No.4644 of 2025 on 26.03.2025, whereby necessary permission was granted subject to various conditions, including deposit of Rs.20,000/- in the Student Welfare Fund of the School. 9. Keeping in view the scale as such of the Mela and since it is pointed that substantial revenue is generated, we direct that a sum of Rs.50,000/- be deposited in the Student Welfare Fund of the School and on account of the funds collected, permission is granted i.e. w.e.f. 05.04.2026 to 11.04.2026 for organizing Nalwar Mela/Lauhal Mela at Karsog on the School ground which is outside the school premises as depicted from the photographs (Annexure A-4). 10. Applications stand disposed of. ( G.S. Sandhawalia ) Chief Justice March 30, 2026 ( Jiya Lal Bhardwaj ) (ankit) Judge