##PAGE1##

[2026:RJ-JD:5367]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Writ Petition No. 408/2026

1. Vada Ram S/o Sh. Kesa Ram Ji, Aged About 69 Years,

Sonana, Ana, District- Pali, Rajasthan

2. Sakharam S/o Sh. Sama Ram Ji, Aged About 64 Years,

Meghawalo Ka Vas, Sela, Bali, District- Pali, Rajasthan

----Petitioners

Versus

1. State Of Rajasthan, Through Secretary, Devasthan Dept.

Govt. Of Raj, Jaipur, Raj.

2. District Collector Pali, Collectorate Premises, Pali,

Rajasthan

3. Superintendent Of Police, Pali, Rajasthan

4. Additional District Collector (Ceiling), Bali, Pali, Rajasthan

5. Sub Divisional Officer, Sub Division Desuri, Pali, Rajasthan

6. Circle Officer, Circle Bali, Rajasthan Police, Pali, Rajasthan

----Respondents

For Petitioner(s) : Mr. Dungar Dan Charan

Mr. Himanshu Pareek

For Respondent(s) : Mr. Sriram Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/01/2026

1. The instant writ petition under Article 226 of Constitution of

India has been preferred by the petitioners against the action of

the respondent authorities in refusing to grant permission to the

petitioners to organize the 38th State-level Dhalop Fair (Mela),

despite the same being conducted peacefully and uninterruptedly

for the last 37 years.

(Uploaded on 30/01/2026 at 04:43:14 PM)

(Downloaded on 15/02/2026 at 05:05:39 AM)

[2026:RJ-JD:5367] (2 of 4) [CRLW-408/2026]

2. Briefly stated the facts of the case are that the petitioners,

permanent residents and office bearers of Akhil Rajasthan

Meghwal Samaj Shri Raghunathpeer Aashram Trust, have been

organizing the State-level Dhalop Fair (Mela) continuously since

1989 with due permission of the competent authorities. The fair,

rooted in long-standing religious and cultural traditions, has been

conducted peacefully for 37 years, including the previous year

when permission was granted and appreciation was issued by the

police authorities. For the 38th State-level Fair proposed in

February 2026, the petitioners duly applied for permission;

however, despite repeated representations and directions issued

by the District Administration and the Co-ordinate Bench of this

Court, Respondent No. 05 did not decided the application in

accordance with law. The inaction and adamant refusal on the part

of the respondent have jeopardized the timely organization of the

fair. Hence, the present writ petition has been filed seeking

appropriate directions for granting permission and protecting the

petitioner’s lawful and customary rights.

3. Heard learned counsel appearing on behalf of the parties and

perused the material available on record.

4. Upon careful perusal of the material placed on record and

after hearing the submissions advanced, this Court finds that the

State-level Dhalop Fair (Mela) has been continuously conducted

for the last 37 years and significantly, there is no material on

record to suggest that the said fair was ever marred by breach of

peace or disturbance of public order.

(Uploaded on 30/01/2026 at 04:43:14 PM)

(Downloaded on 15/02/2026 at 05:05:39 AM)

[2026:RJ-JD:5367] (3 of 4) [CRLW-408/2026]

4.1 On the contrary, the record reflects that the fair has always

been conducted peacefully, with due cooperation of the

administration. It is, however, noticed that for the present year,

Respondent Nos. 4 and 5 have taken a decision not to permit the

conduct of the fair, allegedly on account of protest raised by a few

individuals.

5. This Court is unable to appreciate such a stand. Maintenance

of law and order is the statutory and constitutional obligation of

the State administration, and the same cannot be used as a

ground to prohibit a long-standing religious and customary

congregation, particularly when no untoward incident has occurred

in the past 37 years. The right of the community to practise and

observe its religious traditions, customs, and usages, including the

organization of a religious fair of this nature, is protected under

the constitutional framework. A customary religious fair,

conducted uninterruptedly for decades, cannot be int