Krish Fun And Fair Through Its Partner v. District Collector Pune And ORS

Diksha Rane 906. WP 18879-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2024.12.19 15:08:17 +0530 DIKSHA DINESH RANE WRIT PETITION NO. 18879 OF 2024 KRISH FUN AND FAIR THR. ITS PARTNER ..PETITIONER VS.

DISTRICT COLLECTOR PUNE & ORS.

..RESPONDENTS ------------ Mr. C. B. Nikte a/w. Mr. R. A. Kale i/b. Mr. P. S. Sahane for petitioner. Mr. N.C. Walimbe, Addl. GP a/w. Mr. J. P. Patil, AGP for respondent - State.

------------ CORAM :

A. S. CHANDURKAR & RAJESH S. PATIL, JJ DATE :

18th DECEMBER 2024.

P.C. :

1.

Heard.

2.

The challenge raised in this Writ Petition is to the communication dated 13th December 2024 by which the petitioner has been directed to remove its articles that were placed at the site pursuant to the permission granted by the Collector on 28th November 2024. By this permission, the petitioner was permitted to set up hand-loom handicraft exhibition as well as an entertainment park for a period of ten days from 1st December 2024 to 11th December 2024. Since the petitioner did not remove its articles, the subject notice came to be issued.

3.

The learned counsel for the petitioner submits that on 7th

Diksha Rane 906. WP 18879-24.doc November 2024 and 14th November 2024, fresh applications have been made seeking permission to undertake the aforesaid activities for ten days at a stretch in view of the Government Resolution dated 3rd March 2007. As these applications are pending for consideration, the petitioner did not remove its articles.

4.

It is not a dispute that the initial permission granted to the petitioner on 28th November 2024 came to an end on 10th December 2024. Since the petitioner's applications seeking fresh renewal/allotment have been made, the following directions shall serve the ends of justice:- (i) The Collector, Pune, shall consider the petitioner's applications dated 7th November 2024 and 14th November 2024, in accordance with the Government Resolution dated 3rd March 2007. Such consideration be undertaken by 27th December 2024. (ii) It is open for the petitioner to submit additional documents before the Collector, Pune, in support of the aforesaid applications. (iii) In case, fresh permission is not granted to the petitioner, the petitioner shall act in accordance with the communication dated 13th December 2024 within a period of one week from 27th December 2024.

Diksha Rane 906. WP 18879-24.doc (iv) Till the applications are decided, no coercive steps shall be taken against the petitioner in the matter of removal of its articles. However, this direction shall not be construed as permitting the petitioner to undertake the activities of hand-loom handicraft exhibition and entertainment park in the meanwhile. 5.

The Writ Petition is disposed of in aforesaid terms. 6.

Parties to act on an authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]