B.K. Roy, Kaladhar Shahi, JJ. - (1.) THROUGH this writ petition a prayer has been made to command Respondent Nos. 1 to 4 to ensure that the Spiritual Convention of the petitioner is held on 23rd October, 1998 to 25th October, 1998 at the venue already fixed without any hindrance and/or disturbance from Respondent Nos. 5 to 8 and their supporters. After having heard Sri Vikram Nath, learned counsel for the petitioner and Sri H.R. Mishra, learned Standing Counsel for the State we had passed the following order on 14.10.1998 - - Having heard Sri Vikram Nath learned counsel for the petitioner at some length and perused the writ petition, we are prima facie of the view that if the averments made in the writ petition are true then it appears that the Respondent No. 5 to 8 are out to destroy the secular fabric and fundamental rights guaranteed to one or the other religion and that the State administration has proved itself to be a silent spectator which can not be tolerated by this Constitution Bench. Beyond this we do not say anything for the present. Put up this matter tomorrow in order to enable Sri H.R. Misra, learned Standing counsel for the State and its authorities respondents No. 1 to 4 to apprise this Constitutional Court as to what action the District Administration has taken to protect the property and fundamental rights of the petitioner guaranteed to it by Articles 25 and 26 of the Constitution of India, Sri Misra, may contact the District Administration by Fax so that we may have complete information by tomorrow at 10.00 a.m. The office is directed to hand -over a copy of this order to Sri Misra, learned Standing Counsel in course of the day. Sd/ - Binod Kumar Roy, J.Sd/ - K.D. Shahi, J.
(2.) TODAY Sri Mishra, learned Standing Counsel shows as a Fax message sent by Respondent No. 2 the District Magistrate, Udham Singh Nagar and submits that in fact the District Administration had already taken sufficient steps to safeguard the interest of the petitioner. Relevant part of the Fax message received by Sri Misra is reproduced for the sake of brevity - - The learned counsel for the petitioner after looking into the Fax message conveys that now no cause of action subsists to be agitated before us. We also think that the stand of Mr. Misra that no further action is required appears to be correct.
(3.) WE dispose of this writ proceeding accordingly.;