ALTAF HUSAIN AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/20400/2025 · 2025-06-30
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69272 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69272 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:100995-DB Court No. - 21 Case :- WRIT - C No. - 20400 of 2025 Petitioner :- Altaf Husain And Another Respondent :- State Of U.P. And 3 Others Counsel for petitioner :- Jai Singh Yadav Counsel for respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The following prayer has been made in the present petition:
"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to permit the petitioners to carry on the Tazia having measurement of 54 x 15 feet on the occasion of Muharram i.e. on 06.07.2025 which has been going on every years since 1929."
2. The case of the petitioners is that a notice has been issued by respondent No. 4 i.e., Station House Officer, Police Station Kotwali, District Sambhal dated 22.06.2025 under Section 168 of Bharatiya Nagarik Suraksha Sanhita, 2023 prohibiting them from carrying out any activity during Tazia procession which may result in breach of law and order. The case of the petitioners is that in the past, they had taken out Tazia measuring 54 x 15 feet but this time, the respondent No. 4 is restraining the petitioners from taking out Tazia of the said height and width.
3. It is conceded before us that there is no written order by respondent No. 4 limiting the size of Tazia. It seems that the petition has been filed on mere apprehension. At this stage, counsel for the petitioners prays for liberty to file appropriate application before the concerned authority for permission.
4. Having regard to the facts of the case and submissions made, the petition is
disposed of with liberty to the petitioners to file such application, as may be advised.
Order Date :- 1.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad