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1999 Supreme(All) 258

R.S.DHAVAN, V.P.GOEL
JANARDAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
BIPIN BEHARI RATHOD

RAVI S. DHAVAN, J.

( 1 ) JANARDAN, the petitioner in this writ petition, resident of village and post Kharuav, District Ballia, seeks a writ of mandamus to direct the respondents, the District Magistrate, the Superintendent of Police, Ballia and the Sub-Divisional Magistrate, Rasara, Balia, that they ought to take steps to ensure that Holika Dahan be prevented from being performed on plot No. 1229. In this writ petition what is not relevant is what the petitioner desires or as he asserts. What is relevant is that the petitioner makes a statement of fact that on this Plot No. 1229, previously it was reserved for the performance of Holika Dahan on the eve of Holi. Now the petitioner contends that this ceremony on the eve of Holi is not being performed and the plot is in disuse. The Court inquired from petitioners counsel, why is this so? In answer to the Courts inquiry the reply is that the Land Management Committee of the village has passed a resolution that this plot of land hereinafter shall stand assigned as a reserved area within which a statue of baba Saheb Ambedkar shall be installed.

( 2 ) COUNSEL for the petitioner presses for a stay order. The Court has heard him in detail.






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