Ts State Contributory Pension Scheme Employees Union v. The State Of Ts

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.7908 of 2018 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief/ s: '....to issue a writ, order or direction, more particularly one in the nature of Writ of Certiorari, call for records pertaining to the proceedings of the 3rd respondent No.HC-1/856/2018 dated 08.03.2018 rejecting the permission for conducting Jana Jatara (Family Carnival of CPS Employees) at Telangana Kala Bharathi (NTR Stadium) by the petitioner association on 10.03.2018 from 1400 Hours to 2200 Hours and quash the same as illegal, arbitrary, capricious and violative of constitutional right and consequentially direct the respondent No.3 to grant permission to the petitioner for conducting Jana Jatara (Family Carnival of CPS Employees) at Telangana Kala Bharathi (NRT Stadium) by the petitioner association on 10.03.2018 from 1400 Hours to 2200 Hours or at any other future date and time that may be fixed by this Hon'ble Court and pass such other order or orders as this Hon'ble Court may be deemed fit and proper in the circumstances of the case.'

The petitioner sought permission for conducting Jana Jatara (Family Carnival of CPS Employees) at Telangana Kala Bharati (NTR Stadium), on 10.03.2018, but the same was rejected by the impugned order. Having heard the submissions of the learned counsel for the petitioner and of the learned Additional Advocate General (TG) appearing for the respondents 1 to 4 and in view of the consensus that was arrived at during the course of hearing, this Court is satisfied that the impugned order can be set aside and an appropriate order permitting Jana Jatara (Family Carnival of CPS Employees) can be granted.

Accordingly, the Writ petition is allowed in part granting permission to the petitioner to conduct Jana Jatara (Family Carnival of CPS Employees) at Exhibition Grounds, Nampally, Hyderabad, on 15.04.2018, between 03:00 PM and 09:00 PM. The Commissioner of Police/ 2nd respondent shall, therefore,

issue necessary proceedings forthwith to the petitioner by imposing necessary reasonable terms and conditions keeping in view that approximately twenty thousand members of families of CPS employees would attend the Jatara. In the event the petitioner for any valid or other reasons is unable to conduct Jana Jatara on the above said date, the petitioner shall seek permission afresh from the Commissioner of Police for conducting Jana Jatara on any other date. There shall be no order as to costs.

Miscellaneous petitions, pending if any, shall stand closed. _____________________ M. SEETHARAMA MURTI, J 29.03.2018 Note: Issue CC by 02.04.2018.

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