SHAHEED CHANDRABHAN SMARAK SAMITI v. STATE OF UTTAR PRADESH AND 5 OTHERS
WRIC/22372/2025 · 2025-07-21
Arun Kumar Singh Deshwal, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74234 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74234 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:118934-DB Court No. - 40 Case :- WRIT - C No. - 22372 of 2025 Petitioner :- Shaheed Chandrabhan Smarak Samiti Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Anil Kumar Mishra,Devansh Misra Counsel for Respondent :- C.S.C.,Manu Saxena Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Manu Saxena, learned counsel for the respondent no.4 and 5. 2. Petitioner by means of present writ petition has been seeking writ of mandamus directing the Sub-Divisional Magistrate, Mawana, District Meerut to decide the representation dated 02.04.2025 and 13.04.2025 of the petitioner annexed at Annexure 13 and 15 to the writ petition. 3. The petitioner in the aforesaid writ petition has stated that the petitioner had been organising a fair since the year 2002 to 2022 in the memory of Shaheed Chandrabhan. The petitioner intends to organise the said fair again in the year 2025 which starts from 16.08.2025 to 16.09.2025 on Khasra no.2212 situated at 'Deewan Dutt Sarvajanik Pustkalay Va Yachnalay, Tehsil Road Mawana, District Meerut' in front of Chandrabhan Vatika. The petitioner in this respect has submitted two representations to the respondent no.3 seeking permission to hold the fair on the said land. 4. Sri Manu Saxena, learned counsel for the respondents submits that though the petitioner had organised the fair till 2022 but subsequent thereto the petitioner did not organise the fair and the
petitioner had approached this Court earlier by filing writ petition in which the petitioner did not succeed. Accordingly, he submits the petitioner does not have any exclusive right to hold the fair. 5. Since the domain to grant permission to hold fair is with the Sub-Divisional Magistrate as he has to look into the various aspect of the matter before granting the permission and considering the fact that Nagar Palika Mawana, Meerut had organised the fair in the year 2023-24, the writ petition is disposed off permitting the petitioner to file a detailed representation along with the earlier representations filed by the petitioner before the respondent no.3, within a period of two weeks from today.
In case, any such representation is filed by the petitioner, the respondent no.3-Sub Divisional Magistrate, Mawana, District Meerut shall consider and decide the same within one week thereafter strictly in accordance with law after giving due notices and opportunity of hearing to petitioner as well as Nagar Palika Parishad, Mawana, who if desires to hold the exhibition, can contest the claim of petitioner. Order Date :- 22.7.2025 Mohit (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad