PRAKASHCHANDRA PRANJIVANBHAI LAKHANI Vs. GOKANI LOHANA MAHAJAN VADI

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner who by profession is an Advocate and Notary and a resident of Porbander has prayed for an appropriate Writ, direction and order directing respondent Nos. 3,4,5 and 7 i.e. Police Inspector, Porbander, Executive Magistrate, Mamlatadar and Executive Magistrate, Porbander, Sub Divisional Magistrate, S.D.M. Office, Porbander and Porbander Municipality to take appropriate steps restraining respondent Nos. 1 and 2 from using loud speaker, drums, musical instruments causing disturbance to the petitioners and other residents in the locality 'Gokani Mahajan Vadi'.

(2.) By order dated 21.02.2006, learned Single Judge of this Court passed the following interim order:-

(3.) Today when the matter is called out, Mr.K.T.Dave, learned APP appearing on behalf of the respondent Nos. 3,4 and 5 under the instructions from the respective Officers has submitted that respondent Nos. 1 and 2 will not be permitted to use load speakers, drums and musical instruments so as to cause disturbance to the petitioner and other residents of said locality near 'Gokani Mahajan Vadi'. At present no such permission has been granted to respondent Nos. 1 and 2 to use loud speaker and other instruments causing disturbance to the petitioner and other residents. It is further submitted that respondent Nos. 3 to 5 would see to it that respondent Nos. 1 and 2 will not use loud speaker and other instruments without prior permission of the competent authority and if any complaint is received by the petitioner and/or others against respondent Nos. 1 and 2 and others with regard to use of loud speakers and/or other instruments so as to cause disturbance to the petitioner and others, same will be attended by respondent Nos. 3 to 5 immediately, and necessary preventive and penal measures will be taken against respondent Nos. 1 and 2.