RAM SEVAK SABHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition the petitioner is seeking a writ order or direction in the nature of certiorari to quash the order dated 10.09.2015 as well as order dated 14.09.2015 issued by Chairman, Nagar Palika Parishad, Nainital by which primarily the resolution of the Nagar Palika Parishad dated 10.09.2015 is to be implemented.

(2.) By the aforesaid resolution, it has been decided by the Nagar Palika Parishad, Nainital that every year, during the Nanda Devi Mohotsav where a Mela is held annually on "Flats" (open field) for which temporary space for shops is allotted to prospective bidders. It was held by the resolution of Nagar Palika dated 10.09.2015 that during the festival, firstly the shops will be allotted by way of an open auction, where it will be allotted to the highest bidder and the earning made therein, 75 percent would go to Nagar Palika Parishad and 25 percent would go to the present petitioner i.e. Ram Sevak Sabha, which is a registered society under the Societies Registration Act. It has further stated that during in the Mela Festival, in the Puja, held in the premises of Nanda Devi Temple, whatever Charawa (gift) is donated for the diet, Nagar Palika Parishad, Nainital will have no claim on the same.

(3.) Although the petitioner has not been able to assert any rights on behalf of the Ram Sevak Sabha (present petitioner), which is a registered society, as any claim on these earnings during the mela festival, yet it would argue that the split of 75 percent and 25 percent between the Nagar Palika Parishad and the petitioner is arbitrary.