court on its Own Motion Vs State of Hp — Himachal Pradesh HC (2025) — LawSathi Research

court on its Own Motion Vs State of Hp — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to the applicant to organize the 'Shadnu Mela' from 19.07.2025 to 21.07.2025 in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi, H.P., subject to five enumerated conditions (no damage to property; restoration of playground in clean condition with restricted use of plastic; separate toilet arrangements; maintenance of law and order by the local administration; deposit of Rs.20,000/- in the Students Welfare Fund); the application stands disposed of. Separately, the applicant was exempted from filing translations of Annexures A-1 and A-2 in the application headed CMP No.13865 of 2025, which stands disposed of.

Issue for consideration

Whether the applicant should be permitted to organize the 'Shadnu Mela' from 19.07.2025 to 21.07.2025 in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi, H.P.

Court's answer

The application is allowed and the applicant is permitted to organize the 'Shadnu Mela' w.e.f. 19.07.2025 to 21.07.2025 in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi, H.P.

Ratio / Principle

Permission is made subject to conditions: (i) no damage to school property and playground; (ii) playground to be handed back to the Principal neat and clean, with no plastic used except as permissible under law, and the administration to ensure cleaning; (iii) school toilets not to be used by the general public, with the applicant to arrange toilets for visitors; (iv) law and order to be maintained by the local administration; and (v) deposit of Rs.20,000/- in the Students Welfare Fund of the school. The Organizers are to ensure a peaceful atmosphere and are responsible if any untoward incident happens.

Key takeaways

In the application headed CMP No.13865 of 2025, in view of the averments made therein, the applicant is exempted from filing the translation of Annexure A-1 and Annexure A-2, and that application stands disposed of.ratio¶26

Detailed headnote1 paragraphs

Bench of Chief Justice G.S. Sandhawalia and Judge Ranjan Sharma allowed CMP No.13863 of 2025 (filed in disposed CWPIL No.146 of 2017, Court on its own motion v. State of H.P. & Others) and permitted the applicant to organize the 'Shadnu Mela' from 19.07.2025 to 21.07.2025 in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi, H.P. The Court noted the fair's religious and social significance, with 15 deities gathering at the temple of Chandi Mata adjacent to the school, whose ground was donated by the ancestors of the temple priest; that the school would remain closed for summer vacation from 12.07.2025 to 12.08.2025 so studies would not be hindered; the No Objection Certificate issued by the Gram Panchayat and the School Management Committee (Annexure A-1); and that on an earlier occasion CMP No.7298 of 2022 was allowed on 14.06.2022 granting similar permission. Permission was granted subject to conditions: (i) no damage to school property and playground; (ii) the playground to be handed over to the Principal neat and clean, no plastic to be used except as permissible under law, with the administration ensuring cleaning; (iii) school toilets not to be used by the general public, the applicant to arrange toilets for visitors; (iv) law and order to be maintained by the local administration; (v) deposit of Rs.20,000/- in the Students Welfare Fund of the school. Organizers were made responsible for ensuring a peaceful atmosphere and for any untoward incident; the application stands disposed of. Separately, in the portion headed CMP No.13865 of 2025, counsel prayed for time to seek instructions regarding Rani Rattana Kumari Memorial Government Senior Secondary School, Nogli, Tehsil Rampur for earlier years 2023-2024, and the matter was listed on 24.06.2025; by the further portion bearing the same printed number, the applicant was exempted from filing translations of Annexures A-1 and A-2 and that application was disposed of.

Court on its own motion versus State of H.P. & Others

CMP No.13863 of 2025 in CWPIL No.146 of 2017 [Disposed of Matter]

[Item No.D-9]

23.06.2025

Present : Mr. Mohan Sharma, Advocate, for the applicant. Mr. Arsh Rattan, Deputy Advocate General, for the non-applicants/ respondents/State.

CMP No.13863 of 2025

By way of this application, permission is sought to organize “Shadnu Mela” in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi, H.P. w.e.f. 19.07.2025 to 21.07.2025.

2. It has been mentioned that the Shadnu Mela holds religious and social significance, and as many as 15 deities gather at the temple of Chandi Mata, which is adjacent to the school. The school and the ground were donated by the ancestors of the priest of the said temple. 3. It has further been mentioned that during the said fair, the school remains closed due to the summer vacation, which is scheduled from 12.07.2025 to 12.08.2025. Therefore, there would be

no hindrance whatsoever to the studies of the school

children or the functioning of the school administration. Reference has been made to the 'No Objection Certificate' issued by the Gram Panchayat and the School Management Committee [Annexure A-1].

4. It is further brought to our notice that on earlier occasion also, in the year 2022 CMP No.7298 of 2022 was allowed on 14.06.2022 and necessary permission was granted.

5. Keeping in view the above, we allow this application and permit the applicant to organize the “Shadnu Mela” w.e.f. 19.07.2025 to 21.07.2025, in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi,

H.P. subject to the following conditions:

i) That no damage shall be caused to the property of the school and its playground, where the fair is proposed to be organized.

ii) That after the fair is organized, the playground shall be handed over to the Principal of the aforesaid school in a neat and clean condition and it shall be ensured that no plastic is used except the one permissible under the law. The administration shall ensure that the playground is cleaned after the fair.

iii) That the toilets of the school meant for students and staff shall not be allowed to be used by the general public attending the fair and the applicant shall make proper arrangements of the toilets for the visitors and general public attending the fair.

iv) That the law and order shall be maintained by the local administration during the said period.

v) That the applicant shall deposit a sum of Rs.20,000/ in the Students Welfare Fund of the school.

6. The Organizers shall ensure that the fair/Mela takes place in a peaceful atmosphere and they would be responsible, if any, untoward incident happens.

7. The application stands disposed of.

CMP No.13865 of 2025

8. Counsel for the applicant prays for time to seek instructions regarding the School [Rani Rattana Kumari Memorial Government Senior Secondary School, Nogli, Tehsil Rampur, for the earlier years 2023-2024.

9. List on 24.06.2025 .

CMP No.13865 of 2025

10. In view of the averments made in the application, the same is allowed and applicant is

exempted from filing the translation of Annexure A-1

and Annexure A-2 .

11. The application stands disposed of.

(G.S. Sandhawalia) Chief Justice

(Ranjan Sharma) Judge

June 23, 2025

[Shivender/Chiranjeev]