Extracted from the PDF above. The PDF is authoritative.
Court on its own motion versus State of H.P. and others
CMP No.11573 of 2025 in CWPIL No.146 of 2017 [Disposed of matter]
Item No.S-2
28.05.2025 Present: Mr. Anuj Bali, Advocate, for the applicant. Mr. Gobind Korla, Additional Advocate General, for the respondents-State. CMP No.11573 of 2025
This application has been filed on behalf of applicant seeking permission to organize Bogdhar fair in the playground of Government Senior Secondary School Bogdhar, District Sirmaur, H.P. from 02.06.2025 to 04.06.2025, keeping in view the order passed in the main petition i.e. CWPIL No.146 of 2017, dated 22.09.2017, vide which restrictions were imposed by a Co-ordinate Bench of this Court while disposing of the said Public Interest Litigation. 2. It is averred in the application that the Boghdar fair is being organized in the premises of the School every year in the memory of Freedom Fighters and Prajamandal soldiers. The distance between the School building and Regional Art Stage and the playground is about 100 meters. 3. It is also averred that the said fair is of great historical, cultural and religious importance for the residents of the area and there is no other ground as such. 4. Reference is also made to the earlier permission granted by way of CMP No.6544 of 2023 on 31.05.2023, Annexure A-3. 5. Counsel for the State has verified the said aspects and placed on record communication dated 27.05.2025 that the Mela Committee has selected the place which is more than 100 meters away from Government Senior Secondary School Bogdhar building. Copy of NOC of SMC GSSS Bogdhar and Resolution of Gram Panchayat Shamra and report of Tehsildar Nohradhar have also been referred. 6. Keeping in view the above, we allow this application and permit the applicant to organize the historical/traditional fair “Bogdhar” w.e.f. 02.06.2025 to 04.06.2025, in the playground of Government Senior Secondary School Bogdhar, Tehsil Nohardhar, District Sirmaur, H.P., subject to the following conditions:
(i) That no damage shall be caused to the property of the school and its playground, where the fair is proposed to be organized. (ii) That after the fair is organized, the playground shall be handed over to the Principal of the school aforesaid in a neat and clean condition and it shall be ensured that no plastic is used except the one permissible under the law.
The administration shall ensure that the playground is cleaned after the fair from 02.06.2025 to 04.06.2025. (iii) That the law and other order shall be maintained by the local administration during the said period. (iv) That the applicant shall deposit a sum of Rs.20,000/- in the students welfare fund of the school. The organizers shall ensure that the fair/Mela takes place in a peaceful atmosphere and they would be responsible, if any, untoward incident happens. The application stands disposed of. (G.S. Sandhawalia)
Chief Justice
28th May, 2025
(Ranjan Sharma) (himani/Bhardwaj)
Judge