MAHADEOSHAL SEWA SAMITEE Vs. PANDIT KUNJ BIHARI MISHRA

JUDGEMENT

(1.) The petitioner, by way of filing the instant writ petition under Article 226 of the Constitution of India, has prayed for quashing and setting aside the order dated 2.11.12 passed by the Deputy Commissioner, West Singhbhum contained in Memo No. 1477(B) dated 2.11.12. Heard the learned counsel for the parties and perused the order impugned dated 2.11.12 (Annexure-5 to this petition) passed by the learned Deputy Commissioner, West Singhbhum, Chaibasa.

(2.) Learned counsel for the petitioner submitted that the learned Deputy Commissioner, having no power under the law, has issued the order impugned and therefore, the order passed by the learned Deputy Commissioner, West Singhbhum is bad in law and the same requires to be quashed and set aside. It is further submitted that the said order has been passed without following the due process of law and without affording any opportunity of being heard to the petitioner. Learned counsel for the petitioner, in support of his submissions, has referred to and relied upon the judgments rendered in the case of Ananda Mohan Pandey and Ors. vs. The Bihar State Hindu Religious Trust Board and Ors., 1993 2 BLJR 771 and Pitambar Thakur and Ors. vs. The Bihar State Board of Religious Trusts through its Administrator and Ors., 1995 2 PLJR 242.

(3.) As against this, the learned counsel for the respondent State by referring counter affidavit filed by the Assistant Deputy Commissioner, Chaibasa, pointed out that the decision dated 2.11.12 has been taken by the Deputy Commissioner, West Singhbhum, Chaibasa keeping in mind the prevailing law and order situation over there and also keeping in view of the arrangement during the Shrawani Mela to be held at Mahadeoshal. Learned counsel for the respondent-State has also pointed out that the S.D.O., Porahat, Chakradharpur has been directed to look after the law and order situation over there and a Committee headed by SDJM has also been appointed to look after the arrangement over there during Shrawani Mela. It further appears that before passing the said order, the Deputy Commissioner, West Singhbhum, Chaibasa has also taken into consideration the report submitted by the Assistant Deputy Commissioner and therefore, the order passed by the D.C., which is under challenge in the present petition is not required to be disturbed as the same has been issued keeping in mind the larger public interest of the area and prevailing position as also the position which is likely to be arisen during coming 'Shrawani Mela'.