Court on its own motion vs. State of H.P. & others CWPIL No.146 of 2017 27.03.2025 Present: Court on its own motion. Mr.Surender Sharma, Advocate, for the applicant in CMP No.5118 of 2025. Mr.Arsh Rattan, Deputy Advocate General, for the respondents-State-applicants in CMP No.2715 of 2025. CMP No.2715 of 2025 This application has been filed by the respondents-State-applicants, seeking permission of the Court to organize the Nalwar and Devta Mela from 04.04.2025 to 09.04.2025 in the college ground premises of Government Degree College, Dharampur, Block and Sub Division Dharampur, District Mandi, H.P. Learned Deputy Advocate General has submitted that the fair to be organized is one of the major fair organized at Sub Division Level to protect the cultural heritage. This is a historic Mela which is celebrated from time immemorial and many sports activities like wrestling competition, cultural activities by various Mahila Mandals, School children etc. are held. The cultural programme will be organized after 5.00 p.m. in the college premises and, therefore, the studies of the children/students will not suffer. Learned Deputy Advocate General further submits that as per instructions available with him, No Objection Certificate (Annexure R-2) has been issued by the Principal. Government Degree College, Dharampur, District Mandi, H.P., vide Annexure R-2. It has been submitted that there is no other place for organizing the fair and in the past vide order dated 21.03.2023 passed in CMP No.2579 of 2023 permission for organizing this fair on the same place was granted. It has further been submitted that in the hilly terrain of Himachal Pradesh grounds are available rarely and festivals and fairs of local folk are lifeline of the society which are required to be organized to increase happiness index of general public. We are, therefore persuaded to allow this application and permit the applicant to organize the Nalwar and Devta Mela from 04.04.2025 to 09.04.2025 in the college ground premises of Government Degree College, Dharampur, Block and Sub Division Dharampur, District Mandi, H.P., on the following conditions:- (i) That no damage shall be caused to the property of the college and its playground, where the event is proposed to be organized; (ii) That after the event is convened, the playground shall be handed over to the Principal of the college in neat and clean condition; (iii) That the law and order shall be maintained by the local administration during the said period; and (iv) That the applicants-State shall deposit a sum of `20,000/- in the Students Welfare Fund of the college concerned. Application stands disposed of. CMP No.5118 of 2025 This application has been filed by the applicant, seeking permission of the Court to organize the Annual Sports and Athletic Meet in the premises/playground of Government Senior Secondary School Junga, District Shimla, H.P. It has been submitted that there is no other suitable ground in the area for organizing Annual Sports and Athletic Meet. It has further been submitted that Sports and Athletic Meet are also part of education and, therefore, it cannot be said that organizing the Sports and Annual Athletic Meet is in clash with the educational activities. Alongwith application No Objection Certificate has been issued by the Director of Higher Education, H.P., vide Annexure A-1, wherein conditional NOC has been issued subject to directions issued by the Court. We are, therefore persuaded to allow this application and permit the applicant to organize the Annual Sports and Athletic Meet on 30.03.2025 on the following conditions:- (i) That no damage shall be caused to the property of the school and its playground, where the event is proposed to be organized; (ii) That after the event is convened, the playground shall be handed over to the Principal of the school in neat and clean condition; (iii) That the law and order shall be maintained by the local administration during the said period; and (iv) That the applicant shall deposit a sum of `20,000/- in the Students Welfare Fund of the school concerned. Application stands disposed of. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge March 27, 2025 (Purohit)