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2023 Supreme(Del) 2732

PRATHIBA M. SINGH
R. R. Patil Foundation – Appellant
Versus
Archaeological Survey of India – Respondent


Advocates appeared:
Mr. Rajshekhar Rao, Senior Adv with Mr. Sandeep Deshmukh, Mr. Nishant Sharma, Mr. Rakesh K. Sharma & Ms. Yamini Mookherjee, Advocates, for the Petitioner.
Mr. Rakesh Kumar, CGSC with Mr. Sunil, Advocate, for the Respondent.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by Petitioner No.1- R.R. Patil Foundation and Petitioner No.2- Ajinkya Devgiri Pratishthan, Devgiri seeking directions to Respondent No.1- Archaeological Survey of India (ASl), to grant permission for organizing a cultural program at the Agra Fort on 19th February, 2023 on the occasion of the birth anniversary of Chhatrapati Shivaji Maharaj.

3. Representations seeking permission for the aforesaid program were sent by the Petitioners however, they have been rejected by the ASI vide letter dated 23rd December, 2022. Thereafter, another representation dated 9th January, 2023 was sent by Petitioner No.2, however, the same has not been considered.

4. The matter was first listed for hearing on 3rd February 2023, on which date ld. Senior Counsel for the Petitioners sought time to take instructions in the matter.

5. Today, Mr. Rakesh Kumar, ld. Counsel for the ASI has handed over to the Court the Office Memorandum ('OM') F.NO.17/37/04-M of the ASI dated 14th January, 2005, as per which the usage of specific areas of protected monuments and sites for holding cu

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