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High Court of Himachal Pradesh · body

2025 DAILYLAW 16422 (HP)

court on its Own Motion v. STATE OF HP

CMP/12745/2025 · 2025-06-04

Gurmeet Singh Sandhawalia, Ranjan Sharma

Public Interest Litigationbody2025

Judgment text

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Court on its own motion vs. State of H.P and others CMP No.12745 of 2025 in CWPIL No.146 of 2017 Item No. S-1 04.06.2025 Present: Mr. Neel Kamal Sharma, Advocate, for the applicant. Mr. Anup Rattan, Advocate General with Mr.Arsh Rattan, Deputy Advocate General, for respondents-State. By way of this application, permission is sought to organize “Mata Nabahi Devi Mela” in the playground of Government Senior Secondary School, Nabahi Devi, Tehsil Sarkaghat, District Mandi, H.P w.e.f. 15.06.2025 to 17.06.2025. 2. It is the case of the applicant that people of the said area have faith upon Mata Nabahi Devi and the Mela is historic and is deeply rooted in the culture of the society and the Mela is being organized from time immemorial. 3. The Principal of the School has also issued “No Objection Certificate” for the use of the School ground to organize the “Mata Nabahi Devi Mela” from 15.06.2025 to 17.06.2025, copy of the same is annexed as Annexure A-3. 4. It is also submitted 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 “Mata Nabahi Devi Mela” w.e.f 15.06.2025 to 17.06.2025, in the playground of govsernment Senior Secondary School, Nabahi Devi, Tehsil Sarkaghat, District Mandi, Himachal Pradesh, 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. ( G.S. Sandhawalia ) Chief Justice 4th June, 2025 ( Ranjan Sharma ) (priti) Judge