RAMCHANDRA PANDE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India the petitioner is praying for appropriate writs directed against The West Bengal Ordinance No. XXI of 1975 promulgated by the Governor of West Bengal and against the Notifications, Notices, Directions, Rules and/or Orders, if any pursuant thereto. The facts of the case as would appear from the petition lie in a short compass.

(2.) In the petition it has been alleged that the petitioner is a citizen of India and that he is a Hindu by religion following religious festivals and occasions honestly. In Paush Sankranti every year the Ganga Sagar Mela is held in the sangam of Ganga and Sagar at the Sagar Island on the occasion of Ganga Sagar Mela every year, hereinafter referred to as the said Mela. The petitioner and other Hindus observing the said Mela visit the said Sagar Island in paush sankranti every year and also the Kapil Muni Temple and worship and perform Pujas, Darsan etc. with great religious belief and regard. It is alleged that the petitioner and such other visitors leave their places from different parts of India and reach the said Mela by launches, buses, rickshaws and also on foot and they spend a lot of money by such visit and stay at Ganga Sagar and return from such place after their worship. It is alleged that every visitor spends a sum of at least Rs. 50/-. Nearly about five to six lakhs of people in the minimum visit the said Mela and make worship, pujas etc, with great regard and faith each year. None of such visitors were ever required to pay any fee to any officer of the State Government for visiting the said Mela. Even Sadhus, sanyasees, beggars and other persons of other organizations and pilgrims all visit the Ganga Sagar Mela for such purposes without any fee for such visits. The paush sankranti and Ganga Sagar Mela will be held on the 13th, 14th and 15th January, 1976 and a very large number of pilgrims will visit the Mela for such purpose from different parts of India incurring huge expenses.

(3.) The grievance of the petitioner is directed against the Ganga Sagar Mela Ordinance, 1975 made and promulgated by the Governor of West Bengal in exercise of the power conferred by Clause (1) of Article 213 of the Constitution of India (hereinafter referred to as the said Ordinance). Being aggrieved by the said Ordinance the petitioner applied to this Court under Article 226 of the Constitution of India for issue of a writ and also for ad interim order of injunction. The said petition was admitted and a Rule issued by Amiya Kumar Mookerji, J. on the 5th January, 1976. However, his Lordship did not grant any ad interim injunction but gave liberty to the petitioner to move for interim order with notice to the respondents Nos. 1 and 2 and also to the Government Advocate without filing any fresh application in Court. The application for injunction was ultimately moved before me and on the 7th January, 1976 after hearing the learned Advocates, I refused the prayer for interim injunction. However, by consent of the parties, I gave directions for an early hearing of the Rule and fixed the main Rule for hearing on. the next day, that is, on the 8th January, 1976. On the 8th January, 1976 the main Rule came up before me during the course of which some "statement of facts" were filed to which I would refer to later.