MANDAKINI MARRIAGE GARDEN Vs. CANTONMENT BOARD MORAR

JUDGEMENT

(1.) THE parties are again in loggerheads on the question of running of marriage garden in cantonment area, Gwalior. Although various round of litigation had taken place before this Court, the latest decision in Writ Petition No. 3860/2014 dated 27.1.2015 can be taken as a starting point for the purpose of present matter.

(2.) THIS Court by order dated 27.1.2015 (Annexure P/13) directed that the petitioner shall furnish all requisite documents and deficiencies pointed out in the notice to the other side and if such representation is made, the Cantonment Board (Board) shall decide the said representation keeping in view the changed circumstances. In turn, the petitioner preferred a detailed representation and submitted the relevant documents. Along with the representation dated 6.12.2014, the petitioner filed certain documents before the respondents. In turn, by order dated 29.1.2015 (Annexure P/15) the respondents indicated certain further deficiencies to the petitioner. In turn, the petitioner preferred representation (Annexure P/16) dated 31.1.2015. The respondents by impugned order dated 25.2.2015 (Annexure P/1) decided the said representation by passing following order: -

(3.) SHRI N.K.Gupta, learned senior counsel, at the outset, submits that the petitioner has fulfilled all the formalities. The District Magistrate has already issued NOC. If there exists any other deficiencies, the petitioner is ready to even cure the same but the petitioner may not be deprived from running the marriage garden because marriages will start from 11 th April, 2015. He criticized the order, Annexure P -1, which has been passed in a cryptic manner. He submits that if respondents consider his case, at this stage he is not raising the question of jurisdiction of the Board.