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2025 DAILYLAW 165838 (ALL)

KAPIL DEV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

WRIC/9250/2025 · 2025-09-19

Manjive Shukla, Sangeeta Chandra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9250 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents. 2. This writ petition has been filed with the following main prayer:- "(i) To issue a writ, order or direction in the nature of Mandamus commanding the respondents particularly respondent no. 2 and 3 to permit the petitioner to use land situated at Tappe Sipah Gulampurwa, Police Station - Jarwal road, Tehsil - Kaiserganj, District - Bahraich for worship by fixing statue of Goddess Durga in Navratri (from 20.09.2025 to 30.09.2025)." 3. It is the case of the petitioner that the villagers of village Panchayat Tappe Sipah Gulampurwa, Police Station - Jarwal road, Tehsil - Kaiserganj, District - Bahraich have planned to keep idol of Goddess Maa Durga during Navaratri at a place known as Dev Sthan situated on the land of the petitioner which is in existence for more than 30 years. Its immersion will take place after Navaratri. The villagers along with the petitioner have moved an application dated 13.09.2025 before the S.H.O., Police Station - Jarwal Road and the Superintendent of Police, Bahraich, but no response was received. The petitioner has moved an application to the Sub-Divisional Magistrate, Kaiserganj, District- Bahraich on 13.09.2025, but no permission has been granted, and therefore, this petition has been filed. 4. Accordingly, this writ petition is disposed of, without entering into the merits of the case, with a direction to the petitioner to move an application before the Sub-Divisional Magistrate, Kaiserganj, Bahraich within 24 hours Versus Counsel for Petitioner(s) : Suresh Kumar Yadav Counsel for Respondent(s) : C.S.C. Kapil Dev .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Respondent(s) and if such application is moved, appropriate orders shall be passed within a period of three days, thereafter. 5. Learned Standing Counsel shall communicate this order to the Sub- Divisional Magistrate, Kaiserganj without waiting for it to be uploaded on the website. September 19, 2025 Lokesh Kumar WRIC No. 9250 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench