Madhya Pradesh High Court
Vijay Katara vs Principal Secretary on 1 January, 2025
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2025:MPHC-IND:1
WP No.41978 of 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 1st OF JANUARY, 2025
WRIT PETITION No. 41978 of 2024
VIJAY KATARA
Versus
PRINCIPAL SECRETARY AND OTHERS
Appearance:
Shri Rajesh Joshi - Advocate for the petitioner.
Shri Mayank Mishra - P.L./G.A. for respondents/State.
ORDER
1] Heard.
2] This writ petition has been filed by the petitioner under
Article 226 of the Constitution of India seeking the following reliefs:-
“7.1. That, the Hon’ble court may allow this petition and
issue a writ to District administration to restate the
permission which was issued on 19/12/2024 (P/2).
7.2. The Hon’ble court may be pleased to set aside the
impugned order passed by Learned sub divisional magistrate
Meghnagar Jhabua, dated 28.12.2024 (P/1)
7.3. Direct the Respondents to provide police protection to
ensure peaceful meeting and prevention of any situation of
law and order on 01.01.2025.
7.4. Declare action of respondents in withdrawing the
permission to the petitioner for holding a prayer meeting at
Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 01-01-2025
16:02:34
NEUTRAL CITATION NO. 2025:MPHC-IND:1
WP No.41978 of 2024
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Gram Gadwada Mehuda Falia Dist Jhabua is arbitrary and
constitutionally invalid and violative of Article 14, 19(1)(a),
19(1)(b), 21 and 25 of the Constitution of India.
7.5. That, Hon’ble High Court may kindly be pleased to
issue any other writ order or direction looking to the facts
and circumstances of the case and the cost of the petition
may also be kindly given to the Petitioner.”
3] The petitioner’s grievance is that he belongs to Christian
community, and is a resident of Village – Gadwada, Tehsil –
Meghnagar, District – Jhabua. He had applied to the S.D.M.,
Meghnagar for conducting a New Year programme of Christian
community. It was also mentioned in the aforesaid application that the
programme shall be conducted strictly in accordance with the
guidelines issued. The aforesaid application dated 12.12.2024 was
allowed by the S.D.M., vide its order dated 19.12.2024, under certain
conditions. However, the petitioner has been served yet another order
dated 28.12.2024 issued by the S.D.M., Meghnagar informing that on
account of certain objections raised by Vishva Hindu Parishad, Malwa
Region, District Jhabua, it appears that the programme to be
conducted by the petitioner, would cause disturbance and communal
harmony, hence, the permission earlier granted to the petitioner on
19.12.2024 has been rejected.
4] Counsel for the petitioner has submitted that before passing
the aforesaid order, the petitioner was never informed, and was never
given any opportunity of hearing. It is also submitted that even
otherwise the aforesaid programme is conducted every year, and has
drawn the attention of this Court to an identical application filed for
Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 01-01-2025
16:02:34
NEUTRAL CITATION NO. 2025:MPHC-IND:1
WP No.41978 of 2024
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the last year on 07.12.2023, which was also allowed, and there was no
disruption in the communal harmony. Thus, it is submitted that the
petition may be allowed, and the impugned order be quashed.
5] Counsel appearing for the State has opposed the prayer, and
it is submitted that no illegality has been committed by the S.D.M. in
rejecting the application, as he was apprehending the disruption in the
communal harmony.
6] Heard counsel for the parties and perused the record.
7] From the record, it is apparent that the petitioner has been
conducting such programme since last more than couple of years,
which is also evident from the documents filed on record, and in such
circumstances, merely on the basis of certain objections raised by the
member of one community, the right of the petitioner to assemble and
pray as per his religion as guaranteed under Art.25 of the Constitution,
cannot be taken away. It is also apparent that the S.D.M. has rejected
the permission dated 19.12.2024, only on the asking of member of
other community, without even affording any opportunity of hearing
to the petitioner. Thus, the petitioner has also been deprived of his
valuable right to be heard before passing of an adverse order against
him.
8] Be that as it may, this Court does not find any substance in
the order of rejection of permission dated 28.12.2024, and
accordingly, the same is hereby quashed, and it is directed that the
petitioner shall be free to hold the function as allowed earlier by the
Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 01-01-2025
16:02:34
NEUTRAL CITATION NO. 2025:MPHC-IND:1
WP No.41978 of 2024
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S.D.M. on 19.12.2024. The Collector, Jhabua is also directed to ensure
that no disruption takes place, while the aforesaid programme/function
is convened.
9] With the aforesaid, the petition stands allowed and
disposed of.
(SUBODH ABHYANKAR)
JUDGE
Pankaj
Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 01-01-2025
16:02:34