Shri Shri 108 Shri Gandhi Sadan Kali Puja Samiti v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10234 of 2017 =========================================================== Shri Shri 108 Shri Gandhi Sadan Kali Puja Samiti, through its Secretary, namely, Prem Kumar, Son of- Sri Rajendra Paswan, Resident of Village- Sita Kund Hasanpur, P.S.- Mufassil, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Home Secretary, Government of Bihar, Patna.

3. The Deputy Inspector General of Police, Munger Range, Munger.

4. The District Magistrate, Munger.

5. The Superintendent of Police, Munger.

6. The Sub- Divisional Officer, Sadar Munger, District- Munger.

7. The Sub- Divisional Police Officer, Munger Sadar, District- Munger.

8. The S.H.O. Mufassil Police Station Munger, District- Munger. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Respondent/s : Mr. Mrigendra Kumar AC to GA 4 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-08-2017 In this writ petition filed in public interest, the petitioner wants that a mandamus be issued to the respondents to permit the petitioner's Secretary of a particular religious samiti to allow procession of a particular deity in the area in the question and to make facilities of holding of a procession. Procession of a particular religious group or party and the steps to be taken for permitting so are administrative issues based on policy matters and administrative consideration, including law and order position in a particular area, and a writ Court cannot

Patna High Court CWJC No.10234 of 2017 dt.02-08-2017 2/2 go into all these questions and in a public interest writ petition issue a mandamus for the same.

Accordingly, finding no case for issuing any mandamus with regard to the relief claimed in the writ petition, the petition stands disposed of with liberty to the petitioner to take up the issue with the authorities of the Department and seek permission in accordance with law.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.08.2017 Transmission Date