Neutral Citation No. - 2025:AHC-LKO:47341-DB Court No. - 2 Case :- WRIT - C No. - 7482 of 2025 Petitioner :- Jannan Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Rama Kant Dixit,Vineet Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned Standing Counsel, who appears for the State-Respondents. This petition has been filed by the petitioner with the following main prayer : "(i) Issue a writ order or direction in the nature of CERTIORARY quashing thereby the impugned order dated 05/07/2025 passed by opposite no. 4 by which he has rejected the applications dated 19/03/2025 & 20/06/2025 for granting permission to the petitioner for installing Tazia (Tomb of Immam Husssain) on 06/07/2025, as contained in Annexure NO.1 to this writ petition. (ii) Issue a writ order or direction in the nature of MANDAMUS commanding the opposite parties specially opposite party no. 4 to ensure to grant permission for performing the special ceremony known as 'Chehlum (Chaliswan)' which is scheduled to be held on 15/08/2025." It is the case of the petitioner that he was earlier a resident of Village Bargadiya and used to set up Tazia i.e. House in Bargadiya. He has now abandoned the said house and constructed a house near Badgawa Chauraha, where he prayed for permission to set up Tazia. However, no such permission was granted to him. Thereafter, the petitioner filed a petition i.e. Writ C No.6330 of 2025, which was disposed of by a Co-ordinate Bench of this Court on 04.07.2025, directing the respondents to take a decision expeditiously. A decision has since been taken on 05.07.2025 on the basis of the report of In-Charge Inspector, Police Station Risiya. It has been submitted that the said report is misleading as it states that the petitioner is going to set up Tazia for the first time at the place in question whereas he had already used the same house near Badgawa Chauraha to set up Tazia in July 2024 i.e. last year. Learned counsel for the petitioner has drawn attention to an application (Annexure no.6 to the writ petition) made by the petitioner to Sub- Divisional Magistrate, Nanpara, Tehsil Nanpara, Police Station Risiya, District Bahraich praying for permission to set up Tazia at his house situated 15 meters away from Badgawa Chauraha. This Court had put a specific query to the petitioner on an earlier occasion, asking him to show any permission granted by the authorities on his application dated 05.07.2024. The petitioner has not been able to show any written permission granted by any authority for setting up Tazia pursuant to the said application. Learned Standing Counsel, on the basis of instructions, submits that no permission was granted earlier. It has also been pointed out again, on the basis of instructions, that the respondents have taken the decision dated 05.07.2025 in view of the Government Order dated 19.09.2021, wherein at point no.21 of para 6 it is stated that the register i.e. register no.08 maintained at the police station for celebrating festivals shall be properly examined to ascertain whether there is any tradition of celebrating such a festival. It has been specifically provided that no new tradition be allowed where no permission was granted earlier. Besides this, the Principal Secretary, Home, Uttar Pradesh, by his order dated 25.06.2025, has also reiterated the aforesaid provision of the Government Order dated 19.09.2021 and has stated that "परर त्ययौहहार परम्परहागत तररीकके सके मनहायहा जहायके। ककोई नई परम्परहा पहारम्भ करनके ककी अननुमतत न दरी जहायके, तहातक शहाशांतत र सयौहहादर बनहा रहके। " It has also been submitted, on the basis of instructions, that since no Taziz was ever set up near Badgawa Chauraha earlier, it cannot now be permitted to be set up by the petitioner merely because he has a house nearby. It has further been pointed out that the area around Badgawa Chauraha is predominantly inhabited by the Hindu Population and there is always a potential threat to future peace. Copy of such instructions is taken on record. This writ petition is, accordingly, dismissed. Order Date :- 13.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench