Pankaj Kumar Jaiswal, Irshad Ali, J. - (1.) Heard Sri Prabhakar Srivastava, learned counsel for the petitioners Sri Manish Mishra, learned Standing Counsel for the State-respondent nos. 1 to 3.
(2.) By means of the instant petition under Article 226 of the Constitution of India, the petitioner is seeking for issuance of writ of mandamus directing the concerned District Magistrate or any other authority to grant permission for installation of idol/statue of Maa Durga which is going to be started from 29.09.2019 at Kali Sthan Village Sekhuiya, Bhujvandeeh, Police Station Utraula, District Balrampur.
(3.) Learned Standing Counsel has very fairly produced the order dated 21.09.2017 passed in Misc. Bench No. 23099 of 2017 connected with ten other writ petitions and has submitted that in aforesaid number of writ petitions filed before this Court, matter has been disposed of with the direction to the concerned District Magistrate to consider the application seeking permission for Durga Pooja and allied activities will include the authority to or refuse with or without conditions so that law and order in vicinity is maintained. The order dated 21.09.2017 reads as under:- "In all the aforesaid writ petitions, the controversy relates to installation of an idol of Maa Durga and celebration of Durga Puja and, as such, all the writ petitions have been clubbed together and are being decided by a common order. According to the petitioners, they want to install a Pandal on the occasion of Navratram and in this connection, they have made an application to the concerned District Magistrate for according permission but till date, no order has been passed. According to them, there is no apprehension of breach of peace and the pooja will be performed peacefully. They further undertake that they are ready to abide by the terms and conditions, which are prescribed by the concerned district administration. Learned Counsel for the petitioners in this regard has placed before us copy of the order dated 1.10.2013 passed in writ petition No. 8924 of 2013 (M/B) : Durga Pooja Samiti through its General Secretary Ram Kuwanrey v. District Magistrate Bahraich and other connected writ petitions as also the copy of the order dated 12.10.2015 passed in writ petition No. 9572 (M/B) of 2015 : Nav Durga Pooja Seva Samiti v. State of U.P. and others and other connected writ petitions and submitted that appropriate directions may be issued in their writ petitions as were issued in the above-referred writ petitions decided earlier. Learned Standing Counsel has no objection if a direction is issued to the District Administration for passing appropriate order in accordance with law on the application of the petitioner society for installation of idol and performing pooja. It is relevant to mention that in writ petition No. 8294 of 2013 (M/B), a Division Bench of this Court observed as under : "The aforesaid issue by this Court seems to meet out the requirement of the petitioners as well as State Government. Attention has also been invited towards the case reported in 2011(5) ADJ 674: Vasudev Gupta. v. State of U.P. and others in which, the Division Bench of this Court held that power conferred on the State Government is regulatory and not prohibitory in nature. The citizens of the country should be permitted to proceed their religious faith without disturbing the peace of society. The apprehension in their mind that they may not be permitted to profess in accordance to their religious faith, seems to be not good sign for the democracy and the law and order. The Government must take necessary steps to ensure that people may be able to perform their religious rites in accordance with their faith and religion. The power conferred on the State Government to maintain law and order, should be regulatory and not prohibitory. Citizens are entitled to perform their religious celebration without disturbing the peace of society." ;