UMESH SHARMA Vs. STATE OF M. P.

JUDGEMENT

(1.) The petitioner before this Court has filed present petition, by way of Public Interest Litigation, stating that he is a Social Spirited Person engaged in Social Work for different communities since his childhood and is associated with various social organizations. He has filed present petition being aggrieved by some decision taken by respondent No.2 by imposing restriction on use of Loudspeakers and other sound instruments after 10:00 PM during the Navratri Festival.

(2.) It has been stated that the Navratri Festival is being celebrated by Hindu Community and it is a question of faith and the sentiments of the people and it is being celebrated since time immemorial. Along with the writ petition, though the petitioner has not filed the order passed by the Collector, however, the newspaper clippings have been filed. The newspaper report reveals that some order has been passed by the Collector permitting the use of Loudspeakers till 10:00 PM only.

(3.) Shri Mathur, learned Senior Counsel has drawn the attention of this Court towards Madhya Pradesh Kolahal Niyantran Adhiniyam, 1985 and his contention is that the restriction imposed in respect of Loudspeakers under the Madhya Pradesh Kolahal Niyantran Adhiniyam, 1985 are not applicable on account of Section 13(1) in respect of Durga Padhva / Dashahara / Navratri Festival.