STATE OF U. P. Vs. RADHA

JUDGEMENT

(1.) Respondents 1 to 7 filed Writ Petition No. 49583 of 2002 with the averment that they were singing and dancing girls and not prostitutes and the appellants herein, who were the respondents in the writ petition, were unnecessarily harassing and threatening to dispossess them from the premises occupied by them. A prayer was made to issue a writ or order or direction in the nature of mandamus commanding the appellants herein or their subordinates and other officers not to compel them to vacate the premises occupied by them. Earlier also, similar writ petitions were filed i.e. WP No. 4332 of 1976, WP No. 8335 of 1985 and WP No. 27141 of 1997 by some other writ petitioners, similarly situated, seeking the same relief. In those cases, an undertaking was given by the counsel appearing for the State of U.P. that the writ petitioners would not be dispossessed from the premises occupied by them except in accordance with law.

(2.) In the present case while issuing a similar direction not to harass or dispossess the writ petitioners (respondents herein) except in accordance with law the High Court gave an additional direction treating the writ petition in public interest directing the State to frame a scheme for rehabilitation of the prostitutes after consulting the experts. The State was directed to submit the report to the Court after two months and the Court was to monitor the proposed rehabilitation scheme framed by the State in pursuance to the directions issued. Additional direction reads:

(3.) Against the abovestated directions issued by the High Court, the State of U.P. has filed the present appeal seeking setting aside of the aforesaid additional direction in relation to the scheme. Rest of the findings recorded by the Bench have not been challenged before us.