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2025 DAILYLAW 19954 (ORI)

RAGHUNATHJEW COMMITTEE, BHADRAK v. COLLECTOR AND DIST.MAGISTRATE, BHADRAK

WP(C)/6144/2025 · 2025-02-28

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6144 of 2025 Raghunathjew Committee, Bhadrak …. Petitioner Mr. Tanmay Mishra, Advocate -versus- The Collector & District Magistrate, Bhadrak & Ors. …. Opposite Parties Mr. M. K. Mohanty, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 28.02.2025 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner, by filing this Writ Petition, has made a prayer to quash the impugned office order No.385 dated 13.01.2025 passed by the Opposite Party No.1/Collector & District Magistrate, Bhadrak in Annexure-2 with a direction to the Opposite Parties to allow the Petitioner to celebrate ‘Holi’ festival at Gadala Desadola Melan Ground at Gadala, Rajgharpokhari, in the District of Bhadrak from 18.03.2025 to 20.03.2025 with permission of Opera Show. 3. Learned counsel for the Petitioner submits that the date of function of Holi for this year commences from 18.03.2025 to 20.03.2025. He further submits that in order to celebrate the said festival, the villagers have contributed money for the yatra before the Yatra Committee. So, the p. 2 Petitioner paid the advance money to the Operator of the show. The Opposite Party No.1/Collector & District Magistrate, Bhadrak on 13.01.2025 has rejected the permission for opera show throughout the Bhadrak District. So, on 27.02.2025, the Petitioner made a representation before the Opposite Party No.1/Collector & District Magistrate, Bhadrak for grant of permission to celebrate ‘Holi’ festival at Gadala Desadola Melan Ground at Gadala, Rajgharpokhari, Bhadrak from 18.03.2025 to 20.03.2025 along with permission for opera show, or else the Yatra Committee with public at large will sustain huge loss. He further submits that the 10th Examinations are going to be completed before the event and only +2 Examinations would be continuing during that period. However, the Opposite Party No.l without considering the same has not granted permission for opera show throughout the Bhadrak District, which is illegal and liable to be quashed. He further submits that the opera show will not be operated within 5 km radius from any examination centre. 4. Learned counsel for the State submits that the students are likely to be affected by the Opera show and the constant advertisement done through rickshaw by loud speakers for the opera show. p. 3 5. Considering the cultural and entertainment values of the opera show and its importance in the lives of the people in the village areas and in view of amount of money invested by the Petitioner-Committee, this Court is of the view that restricting the Petitioner to arrange stage opera show would not be in the interest of the public. However, the District Magistrate may impose some restriction so that the mike advertisements made for the Opera in the village be restricted with least decibel of sound. Hence, the order passed by the Collector, Bhadrak on 13.01.2025 is hereby set aside so far as the Petitioner is concerned. 6. However, the opera show shall maintain low decibel sound with least excitement in the advertisement, which is likely to distract the students from their studies and they will maintain quiet environment in their area except during their performance. 7. Further, the District Administration shall make traffic arrangements and other anciliary restrictions, so that there shall be lesser noise and smooth traffic movement. 8. Accordingly, the Writ Petition stands disposed of. (Dr. S. K. Panigrahi) Judge Gitanjali