LAWS(BOM)-2020-11-314

RAJENDRA Vs. STATE OF MAHARASHTRA

Decided On November 27, 2020
RAJENDRA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard. For the reasons stated in the application, Civil Application St. No.11851 of 2020 is allowed. Amendment be carried forthwith.

(2.) After this Court passed an elaborate order on 25.11.2020, making prima facie observations therein that by the impugned order, the Collector - respondent no.1 committed breach of the orders of the State Government dated 30.09.2020 and 29.10.2020, but deserved to be granted liberty to introspect and revise the impugned order, the respondent no.1 has now revised the order which granted permission to hold a large gathering of 100 persons to the respondent no.2. The revised order now passed on 26.11.2020, grants permission to the respondent no.2 to hold a small gathering of persons not exceeding 50.

(3.) According to learned counsel for the petitioner, even the revised order does not fulfill the requirements of the Government orders dated 30.09.2020 and 29.10.2020 as large public gatherings/congregations have been altogether prohibited. According to her, as no number has been prescribed in relation to large public gatherings/congregations, it would have to be construed that any public gathering, which does not fall within the exceptions, the exceptions are of the gatherings relating to marriages where maximum permitted number is 50 and funeral/ last rites where maximum permitted number is 20 is prohibited. The learned Government Pleader disagrees. Same is the opinion of Shri A. B. Bhate, learned Advocate for the respondent no.2.