SURENDRA PARIHAR Vs. RAJAT KUMAR MISHRA AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties on this contempt petition as well as on the writ petition filed by the petitioner. The petitioner has filed this petition as a public minded person seeking following directions of the Court in the interest of public.

(2.) THE petition was founded on the assertions and apprehensions that the open space in question which is known as 'Rawan -Ka -Chabutra' since long time past and is a place where every years Dashara festival is being celebrated by destroying the effigies of Rawan, Kumbhkaran and Meghnath symbolising victory of good over evil. It is a place of public assemblage for the citizens of this town for periodical amusement, fairs, installed here, or for organising trade fairs, since time before the memory of present people goes. Part of this open place was covered by developing a stadia about two decades ago. On the remaining open portion of the site of Dashara Festival ground, where the Municipal Corporation, Jodhpur proposed to construct its official head quarters which could have covered substantial part of this open space and destroyed its public purpose, the present writ petition was filed for the aforesaid relief.

(3.) NOTICES of this petition were issued on 13.04.1998. The matter came up for consideration on interim relief for restraining the respondents from raising of the proposed construction of Municipality Office on 6.7.1998. The order recorded the statement made by learned counsel for the respondents No. 2 and 3 is as under: