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2025 DAILYLAW 164645 (ALL)

RADHESHYAM v. STATE OF U.P. THRU. PRIN. SECY.HOME LKO. AND 3 OTHERS

WRIC/9050/2025 · 2025-09-15

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9050 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State -respondent nos. 1 to 4. 2. This writ petition has been filed with the following main prayer :- "(i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allow the petitioner and other villagers in the premises of petitioner's to hold Durga Pooja by installing the idol of Maa Durga and its immersion procession after Navratri Festival in the Nav Durga Pooja Samiti, Village Jhukiya, (Mudiadeeh Takia), Police Station Jarwal Road, district Bahraich on 22.09.2025 and immersion on 03.10.2025 is being annexed as Annexure no. 1 in the interest of justice." 3. It has been submitted by learned counsel for the petitioner that the petitioner is President of Nav Durga Pooja Samiti and has sought permission from the District Magistrate, Bahraich on 02.09.2025 to hold Navratri festival from 22.09.2025 onwards to 03.10.2025 at Village Jhukiya (Mudiadeeh Takiya), Police Station Jarwal Road, District Bahraich, but his application has not been considered hence, the present petition has been filed. 4. Learned Standing Counsel has produced on the basis of instructions dated 12.09.2025 sent by Sub-Divisional Magistrate, Kaiserganj, Bahraich has stated that the petitioner's application was received for grant of permission, on which a report was called for from the Police Station Jarwal Road and the In- Versus Counsel for Petitioner(s) : Rudra Pratap Pal Counsel for Respondent(s) : C.S.C. Radheshyam .....Petitioner(s) State Of U.P. Thru. Prin. Secy.Home Lko. And 3 Others .....Respondent(s) charge, Inspector has informed that the place at which the petitioner is proposing to install the idol of Maa Durga has its mixed population of Hindus and Muslims and the route proposed by the petitioner to take Durga Idol for immersion has an Idgaah on its way of the Muslims and that the petitioner is installing Durga Idol for the first time and it would be difficult to maintain law and order in the area in question. After such adverse report was submitted by the Police Station concerned, the permission has not been given to the petitioner, as prayed for by him. 5. Instructions filed is taken on record. 6. This writ petition is disposed of with a direction to the petitioner to make a fresh application and indicate another fresh route for immersion of Durga idol, which he proposes to install within a period of three days from today. If such fresh application is made by the petitioner before the Sub-Divisional Magistrate, Kaiserganj, Bahraich, the Sub-Divisional Magistrate shall call for a fresh report and pass appropriate order on the application of the petitioner within three days' thereafter. September 15, 2025 Pks WRIC No. 9050 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench