Shiv Mandir (Mouni Baba Mandir) Nirman Evum Vikas Sewa Samiti v. Union Of India & ORS.

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10915/2024 & CM APPL. 44964-44965/2024 SHIV MANDIR (MOUNI BABA MANDIR) NIRMAN EVUM VIKAS SEWA SAMITI .....Petitioner Through:

Mr. Shankar K. Jha, Advocate.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Ms. Monika Arora, CGSC with Mr.

Subhrodeep Saha, Advocate for R-1.

Ms. Mehak Nakra, ASC with Ms.

Charu Jain and Ms. Keerti Gupta, Advocates for R-2, 3 & 4.

Inspector O. P. Sinha and SI S.

Sharma.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 12.08.2024 1.

The present petition seeks to direct Respondents to grant license to Petitioner for conducting Ramleela from 3rd October, 2024 to 13th October, 2024 at Gali No. 10, Brahmpuri, Delhi-110053. 2.

Ms. Mehak Nakra, ASC for Respondents No. 2, 3 and 4, on instructions, states that although Petitioner's request for license has been rejected, however, there is not much deliberation on the merits of their request. As already intimated to Petitioner through e-mail communication dated 18th June, 2024, if Petitioner was to apply on the new portal (accessible at "https://etl.mcdonline.nic.in"), application shall be considered The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 11:42:11

in accordance with law. At the same time, Ms. Monika Arora, CGSC for Respondent No. 1, explains that Ministry of Home Affairs' role was in terms of the provisions of the Regulation for Licensing Places of Public Amusement and Public Amusement Performances (Other Than Cinema), 2023. In terms of the said Regulation, there is a mechanism for an appeal wherein the person aggrieved by an order of the officer authorised by Commissioner of Police refusing to grant or renewing license, can appeal to Commissioner of Police, Delhi. Further, against the order of Commissioner of Police, there is a remedy of second appeal to the Administrator of Delhi, which is the court of Hon'ble Lieutenant Governor of Delhi. 3.

In light of the above, in the opinion of the Court, since the Petitioner has sufficient alternate remedies available for addressing their grievance, the Court is not inclined to entertain the present petition. 4.

If the Petitioner were to apply under the afore-noted Regulations, the same shall be considered on its own merits, in accordance with law. 5.

The Court has not commented on the merits of the case. All rights and contentions of the parties are left open.

6.

Dismissed, along with pending applications.

SANJEEV NARULA, J AUGUST 12, 2024 d.negi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 11:42:11