court on its Own Motion Vs State of Hp — Himachal Pradesh HC (2026) — LawSathi Research

court on its Own Motion Vs State of Hp — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to organise the 'Shadnu Mela' in the playground of Government Senior Secondary School, Kataula, from 19.07.2026 to 21.07.2026 (one day shorter than the 19.07.2026–22.07.2026 period sought), subject to conditions (i)–(v) and the organisers' responsibility for peaceful conduct; the application stands disposed of.

Issue for consideration

Whether the applicant may be permitted to organise the 'Shadnu Mela' in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi, H.P., and under what conditions.

Court's answer

The application is allowed and the applicant is permitted to organise the 'Shadnu Mela' w.e.f. 19.07.2026 to 21.07.2026 in the school playground, subject to the conditions listed by the court.

Ratio / Principle

Condition (i): no damage shall be caused to the property of the school and its playground.

Key takeaways

Condition (ii): after the fair, the playground shall be handed over to the Principal in a neat and clean condition; no plastic is to be used except what is permissible under the law, and the administration shall ensure the playground is cleaned.ratio¶16
Condition (iii): the school toilets meant for students and staff shall not be used by the general public attending the fair; the applicant shall make proper toilet arrangements for visitors.ratio¶17

Detailed headnote1 paragraphs

CMP No. 15640 of 2026 in CWPIL No. 146 of 2017 ('Court on its own motion vs. State of H.P. and others'), decided 02.07.2026 by G.S. Sandhawalia, Chief Justice, and Bipin C. Negi, Judge: permission granted to the applicant to organise the 'Shadnu Mela' — a fair of religious and social significance at which as many as 15 deities gather at the temple of Chandi Mata adjacent to the school, whose ground was donated by the ancestors of the temple priest — in the playground of Government Senior Secondary School, Kataula, Sub-Tehsil Kataula, District Mandi, H.P., w.e.f. 19.07.2026 to 21.07.2026, i.e. one day shorter than the 19.07.2026–22.07.2026 period sought; the fair falls wholly within the school's summer vacation (12.07.2026 to 12.08.2026), and a 'No Objection Certificate' from the Gram Panchayat and the School Management Committee [Annexure A-1] was referenced. Similar permissions had been granted earlier: CMP No.7298 of 2022 (allowed 14.06.2022) and CMP No. 13863 of 2025 (permission granted 23.6.2025). The grant is conditional upon: (i) no damage to school property and playground; (ii) the playground being handed over to the Principal neat and clean, no plastic except what is permissible under the law, and the administration ensuring post-fair cleaning; (iii) school toilets remaining reserved for students and staff, with the applicant arranging toilets for visitors; (iv) law and order being maintained by the local administration; and (v) a deposit of Rs.25,000/- in the school's Students Welfare Fund. The organisers are to ensure a peaceful atmosphere and bear responsibility for any untoward incident. The application stands disposed of.

Court on its own motion vs. State of H.P. and

others

CMP No. 15640 of 2026 in CWPIL No. 146 of 2017

[Item D-11]

02.07.2026 Present:

Mr. Mohan Sharma, Advocate, for the applicant.

Mr. Rakesh Dhaulta, Additional Advocate General, for respondents.

CMP No. 15640 of 2026

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. 19.07.2026 to 22.07.2026.

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.

It has further been mentioned that during the said fair, the school remains closed due to summer vacation, which is scheduled from 12.07.2026 to 12.08.2026. 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].

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 in the year 2025 in CMP No. 13863 of 2025 on 23.6.2025, necessary permission was granted.

Keeping in view the above, we allow this application and permit the applicant to organize the “Shadnu Mela” w.e.f. 19.07.2026 to 21.07.2026, 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.25,000/ in the Students Welfare Fund of the school.

The Organizers shall ensure that the fair/Mela

takes place in a peaceful atmosphere and they would be responsible, if any, untoward incident happens.

The application stands disposed of.

(G.S. Sandhawalia) Chief Justice

(Bipin C. Negi)

Judge 02^nd July, 2026 (Tarun Singh)