The court's decision was based on the principle of mandamus, directing the respondents to take corrective steps to prevent harm to the petitioner's property and ensuring compliance with the prohibition of Holi celebration under the Haryana Municipal Act.

JUDGMENT

Raj Mohan Singh. J. (Oral) - Petitioner has preferred this petition for issuance of an appropriate writ in the nature of mandamus directing the respondents to ensure that no harassment is caused to his family and property by means of any burning activity during celebration of Holi festival in front of his house.

2. Learned counsel for the petitioner submits that the residence-cum-office of the petitioner is situated in a thick populated area within the Municipal limits of Gohana.

3. Petitioner is a practising Advocate. Valuable briefs, law books and other valuable articles including wooden furniture and fixture are lying in a library which is adjoining to the street. Last year also, Holi festival had caused some damage to theproperty of the petitioner and the outer tiles, fancy lights, fan, exhaust fan and wooden gate of the petitioner were got damaged extensively on account of burning of Holi and the petitioner had suffered a huge loss.

4. For celebrating Holi in the street in front of house of the petitioner in such a thick populated area would definitely cause harm to the petitioner and others and no permission has been taken from the local authorities for celebrating the same.

5. Precise prayer of the petitioner is that Holi can be celebrated in some open area.

6. On the basis of advance notice of this writ petition given to respondent No.3, the office of respondent No.3 has affixed a notice on the outer gate of the house of the petitioner wherein it has been submitted that action has been taken under Section 192 of Haryana Municipal Council Act, 1973 prohibiting burning of Holi and accumulation of different articles at this place. The authority has also written in the aforesaid notice that it is an offence and the wrong doers will be sternly punished.

7. Learned counsel for the petitioner submits that though corrective steps have been taken by respondent No.3 on the basis of advance notice of this writ petition, but still his representation dated 29.04.2021 is pending with respondents No.3 and 4.On the basis of advance notice, Mr. Vivek Chauhan, Addl. A.G., Haryana appears on behalf of respondents No.1 to 4.

8. This writ petition is disposed of by directing respondents No.3 and 5 to take all corrective steps in order to ensure that no physical and financial harm are caused to the petitioner by an act of burning of Holi in front of house of the petitioner.

9. Since, the celebration of Holi in front of house of the petitioner has been prohibited vide notice under Section 192 of Haryana Municipal Act, therefore, respondent shall act strictly in accordance with law.