NANKU PRASAD Vs. RAMESHWAR GIRI

JUDGEMENT

(1.) TARUN Agarwala, J. The plaintiffs filed a suit for a permanent injunction praying that the defendants and their agents and associates be restrained from interfering in any manner in the functioning of the plaintiffs by providing Deotai Boat, (Godess boat) inside the river Ganga and Yamuna and at the Sangam point, to the pilgrims and bathers. The plaintiffs further prayed that the defendants should be restrained from doing the business and functioning as Gosain Pandas inside the water on their personal boats for the purposes of providing facilities to the bathers and the pilgrims. The plaintiffs also prayed that the defendants should be restrained from receiving any sort of offerings inside the water from the pilgrims and the bathers.

(2.) THE plaintiffs alleged that there are three types of Pandas in Allahabad. THE first kind of Pandas are called the "prayagwal Pandas", who are located about 500 yards away from the water. It is alleged that the basic aim of these Pandas is to provide residential facilities to the pilgrims visiting the Sangam. THE second type of Pandas are called the "ghatia Pandas" who are located around two hundred yards from the bathing ghat. It is contended that these Pandas keep their "takhats" on the banks of river and provide a place for the pilgrims to keep their clothes and other belongings. THEse Pandas also provide chandan, rori, mirror, combs and other facilities to the bathers. In return for the aforesaid facilities, the pilgrims give offerings, alms (Dan Dakshina), etc. THE plaintiffs further contended that the third type of Pandas existing at Allahabad are called "gosain Pandas". THEse Pandas keep their "deotai boat"/"godess Boat" in the middle of the water at the Sangam, i. e. , at the confluence of the river Ganga and Yamuna. THEse Pandas provides idols of the God/goddess in their boats at the Sangam point and also provides chandan, rori, mirror, combs and other facilities to the bathers inside the Ganga and Yamuna waters. In return of the facilities provided by these Pandas, the pilgrims/bathers offer them Dakshina, etc. THE plaintiffs alleged that the Mela authorities as well as the District Administration provides licence to the individuals to ply their trade profession or calling in the Mela area. THE petitioners contend that they are Gosain Pandas and have been plying their trade at the Sangam point since long and that their fore father were also plying the same trade/business since time immemorial. Consequently, the plaintiffs contended that not only they have a customary right to provide these facilities to the bathers at the confluence of Ganga and Yamuna river but they also have the exclusive right to carry on this business to the exclusion of any other person including the defendants.

(3.) THIS Court found that the Mela officer was not arrayed as a party in the suit. Accordingly, the Court, by an order dated 22- 12-2006, directed the petitioner-defendants to file an impleadment application to implead the Mela Officer in the writ petition. Based on the aforesaid direction, the District Magistrate and the Mela Officer were impleaded as respondents in the writ petition. Sri J. K. Khanna, the learned Standing Counsel was directed to receive necessary instructions and by an order of the Court dated 15- 1-2007, the Standing Counsel was directed to produce the-counter foils of the licence issued to the petitioner-defendants of the last five years. Based on the aforesaid direction, the counter foils of the licence were produced before the Court, which the Court has perused.