Laxmi Narayan Gupta vs State of Uttarakhand

Servesh Kumar Gupta, J.—This Court has heard learned Counsel for the petitioner as well as the learned Counsel of the State and the Municipal Board.

Respondent no. 5 Kishan Negi is said to be the President of Vyapar Mandal, Nainital and in the opinion of the Court, he has least locus standi to oppose/resist the relief sought by the petitioner.

It transpires that permission to hold the summer exhibition in the Flat Ground of Nainital was granted by the Additional District Magistrate, Nainital on behalf of the District Magistrate, Nainital w.e.f. 20.5.2014 to 30.6.2014. There were 11 stipulations to be observed by the petitioner. In compliance of all those conditions including the No Objection Certificate from the fire and other departments of the Government, he deposited a hefty amount which was a bit little than rupees four lakhs (Rs. 3.65 lakhs). This Flat Ground is the property of the Municipality.

When the petitioner was hampered to install such exhibition by respondent no. 5 Kishan Negi, he filed a writ petition (WPCRL) no. 567/2014 before the Court, wherein the Division Bench of this Court directed all concerned to ensure that no physical harm is caused to the petitioner.

Suddenly the office of the District Magistrate, Nainital issued an order dated 21.5.2014 to the Executive Officer, Nagar Palika Parishad postponing the installation of such exhibition on the ground of some alleged irregularities. The response of the Executive Officer was sought by the Additional District Magistrate within three days, which was offered on the next day 22.5.2014. The Executive Officer, Nagar Palika Parishad made it clear that all conditions entailed in the permission letter dated 21.4.2014 have been complied with by the petitioner including the deposit of Rs. 3,65,170/- as the monetary charges of the Nagar Palika Parishad for installing such exhibition. After receiving the said response from Nagar Palika Parishad, the office of the District Magistrate has not passed any further order withdrawing the suspension of holding said exhibition. It is causing huge loss not only to the petitioner but also dividing the tourists from entertainment by such exhibition.

The Court feels that holding such exhibition is the beauty of Nainital city in the summer season as it attracts more and more tourists in the tiny, small and beautiful hilly town. It is the utter highhandedness and quite ridiculous on the part of the office of the District Magistrate to postpone the permission granted earlier without rendering any opportunity of hearing to the petitioner. 15 days have already elapsed where for the permission was granted, but the petitioner could not organise this exhibition.

In the above circumstances, the operation of the order of the Additional District Magistrate, Nainital dated 21.5.2014 is hereby stopped. It is hereby made clear that the petitioner will not be prevented from organising this exhibition at the Flat Ground instantly till 30.6.2014 and the Court may contemplate to extend the period which has elapsed without holding this exhibition at the Flat Ground where for the permission was granted by the District Magistrate.

Interim relief application (CLMA 5399/2014) stands disposed of.

Objections, if any, may be filed by all the respondents (respondents no. 1 to 5).

Issue notice to the respondent no. 5.

Steps be taken to serve the respondent no. 5.