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High Court of DelhiW.P.(C)/3951/2019

Prachin Hanuman Mandir Trust (Marghat Wale) Regd. v. Delhi Police And ORS.

2019-04-15Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3951/2019 PRACHIN HANUMAN MANDIR TRUST (MARGHAT WALE) REGD.

..... Petitioner Through Mr. Sunil Dalal, Mr. Ashish Sharma, Mr. Deepak Kr. Sharma and Mr. Jaskaran Singh, Advs. with petitioner versus DELHI POLICE & ORS.

..... Respondents Through Mr. Rishikesh Kumar, ASC with Mr. Vikas Saini, Advs. for R1 and R3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 15.04.2019 CM Appln. No.17910/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

WP(C) NO.3951/2019 3.

The petitioner has filed the present petition, inter alia, praying as under:

"Issue a writ, order or direction in the nature of mandamus thereby directing the Respondents to immediately consider the request Letter dated 29.03.2019 of the Petitioner and grant permission to take out a grand procession (Shobha Yatra) on the auspicious occasion of birth anniversary of Lord

Hanuman on 19.04.2019 and also provide police protection thereof"

4.

By a letter dated 29.03.2019, the petitioner made a request to the Deputy Commissioner of Police seeking permission for taking out a procession on 19.04.2019 from Haveli Haider, Kuli, Chandni Chowk, to Jamna Bazar. However, that permission has not been granted as yet. 5.

Learned counsel appearing for the respondents states that he has oral instructions that permission for taking out the procession on 19.04.2019 cannot be granted, as the requisite police force is not available for the procession on that date. He further states that formal communication indicating the reasons for the said decision would be furnished to the petitioner within 24 hours. 6.

This Court is not inclined to give any direction to the respondents to grant any permission for taking out a procession as it would not be apposite for this court to direct the manner in which the police forces are required to be deployed. However, since it is stated that the said procession is taken out every year for the last 50 years, the concerned Authorities shall consider the same before taking a final decision.

7.

The petition is disposed of with the aforesaid observations. 8.

Order dasti under the signatures of the Court Master. VIBHU BAKHRU, J APRIL 15, 2019 DR