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2025 DAILYLAW 165535 (ALL)

MAA BHAGWATI DURGA POOJA SAMITI VILL. BADAHIN PURWA, JARWAL ROAD BAHRAICH THRU. SECY. SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

WRIC/9236/2025 · 2025-09-18

Manjive Shukla, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9236 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel for the parties. 2. This petition has been filed with the following prayer:- "(i) Issue a writ, order or direction in the nature of Mandamus thereby directing to the opposite parties to permit the petitioner to install the idol of "Maa Bhagwati" in Village-Badahin Purwa Gram Panchayat Rodain, Police Station-Jarwal Road, District-Bahraich." 3. It is the case of the petitioner that he want to install the idol of Maa Bhagwati on the eve of Sharad Navratri w.e.f. 22.09.2025 at Gram Badahin Purwa Gram Panchayat Rodain, P.S. Jarwal Road District Bahraich and he has made an application in this regard to the SDM, Kaisarganj Bahraich on 08.09.2025 but no orders have been passed thereof, hence this petition. 4. Learned Standing Counsel has placed before this Court the instruction sent by Sub-Inspector, Mohd. Sattar Ansari, P.S. Jarval Road District Bahraich, wherein he has stated that spot inspection was carried out by the Police team and it was found that the place where the petitioner wishes to install the idol of Maa Bhagwati is very small and it is not a public place and there is already temple by the name of Neem Sthan Versus Counsel for Petitioner(s) : Farhan Alam Osmany Counsel for Respondent(s) : C.S.C. Maa Bhagwati Durga Pooja Samiti Vill. Badahin Purwa, Jarwal Road Bahraich Thru. Secy. Sunil Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others .....Respondent(s) situated therein and it is close to the road. No idol was being installed earlier at the place in question and there is a Government Order which says that no new tradition shall be started hence, the Police has not given recommendation in favour of the petitioner. 5. We direct the Sub-Divisional Magistrate concerned to take appropriate decision within two days from today after inspecting the site personally. 6. Accordingly, the writ petition is disposed of. September 18, 2025 Anurag WRIC No. 9236 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench