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High Court of Himachal Pradesh · body

2025 DAILYLAW 16155 (HP)

court on its Own Motion v. STATE OF HP

CMP/13864/2025 · 2025-06-23

Gurmeet Singh Sandhawalia, Ranjan Sharma

Public Interest Litigationbody2025

Judgment text

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Court on its own motion versus State of H.P. & Others CMP No.13863 of 2025 in CWPIL No.146 of 2017 [Disposed of Matter] [Item No.D-9] 23.06.2025 Present: Mr. Mohan Sharma, Advocate, for the applicant. Mr. Arsh Rattan, Deputy Advocate General, for the non-applicants/ respondents/State. CMP No.13863 of 2025 By way of this application, permission is sought to organize “Shadnu Mela” in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi, H.P. w.e.f. 19.07.2025 to 21.07.2025. 2. It has been mentioned that the Shadnu Mela holds religious and social significance, and as many as 15 deities gather at the temple of Chandi Mata, which is adjacent to the school. The school and the ground were donated by the ancestors of the priest of the said temple. 3. It has further been mentioned that during the said fair, the school remains closed due to the summer vacation, which is scheduled from 12.07.2025 to 12.08.2025. Therefore, there would be no hindrance whatsoever to the studies of the school children or the functioning of the school administration. Reference has been made to the 'No Objection Certificate' issued by the Gram Panchayat and the School Management Committee [Annexure A-1]. 4. It is further brought to our notice that on earlier occasion also, in the year 2022 CMP No.7298 of 2022 was allowed on 14.06.2022 and necessary permission was granted. 5. Keeping in view the above, we allow this application and permit the applicant to organize the “Shadnu Mela” w.e.f. 19.07.2025 to 21.07.2025, in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi, 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 aforesaid school 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. iii) That the toilets of the school meant for students and staff shall not be allowed to be used by the general public attending the fair and the applicant shall make proper arrangements of the toilets for the visitors and general public attending the fair. iv) That the law and order shall be maintained by the local administration during the said period. v) That the applicant shall deposit a sum of Rs.20,000/ in the Students Welfare Fund of the school. 6. The Organizers shall ensure that the fair/Mela takes place in a peaceful atmosphere and they would be responsible, if any, untoward incident happens. 7. The application stands disposed of. CMP No.13865 of 2025 8. Counsel for the applicant prays for time to seek instructions regarding the School [Rani Rattana Kumari Memorial Government Senior Secondary School, Nogli, Tehsil Rampur, for the earlier years 2023-2024. 9. List on 24.06.2025. CMP No.13865 of 2025 10. In view of the averments made in the application, the same is allowed and applicant is exempted from filing the translation of Annexure A-1 and Annexure A-2. 11. The application stands disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge June 23, 2025 [Shivender/Chiranjeev]