SRI GANESH SEWA SAMITI AAZAD vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Case type: WRIT PETITION MISC. SINGLE
Decided on: 23-03-2026

<div> 2026:UHC:2046 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No.2081 of 2025 rd 23 March, 2026 Sri Ganesh Sewa Samiti Aazad ………Petitioner Versus State of Uttarakhand and others ……..Respondents ---------------------------------------------------------------------- Presence:- Mr. Yogesh Kumar Pacholia, learned counsel for the petitioner. Mr. Jayvardhan Kandpal, learned S.C. for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. The petitioner-Society has filed this writ petition feeling aggrieved by the illegal, arbitrary and the unreasonable action of the respondents whereby a fine of ₹ 96,000/- was imposed upon it vide impugned order dated 06.06.2025, annexure no. 11 to the writ petition, and further to direct the respondents to returned the articles illegally seized by the respondents. 2. The facts, in brief are that the petitioner-Society was granted permission to conduct a feast ( bhandara ) in Kedarnath vide order dated 24.04.2025, annexure no.5 to oS0lgk0&Hk.Mkjk vuqefr 2025 the writ petition, Letter No.312/ / dated 24.04.2025 w.e.f., 20.06.2025 to 20.07.2025 in the corner of Pravachan Hall at Shree Kedarnath Dhaam. 3. Subsequently the petitioner-Society was granted permission to conduct feast ( bhandara ) jointly with one- Shree Rajendra Kumar Verma, President, Baba Kedarnath Sewa Samiti, Lucknow/Barabanki, State of Uttar Pradesh, which was accepted by the petitioner-Society, therefore, the period of the petitioner-Society as well as Shree Rajendra Kumar Verma, President, Baba Kedarnath Sewa Samiti, Lucknow/Barabanki, State of Uttar Pradesh, was re-fixed 1 2026:UHC:2046 by the Sub Divisional Magistrate, Ukhimath, from 05.05.2025 to 20.06.2025. This was communicated to one- Shree Rajendra Kumar Verma, President, Baba Kedarnath Sewa Samiti, Lucknow/Barabanki, State of Uttar Pradesh, vide Letter No.324/ oS0lgk0&fofo/k / 2025 dated 30.04.2025. 4. It was mutually agreed between the petitioner- Society and the Rajendra Kumar Verma, President, Baba Kedarnath Sewa Samiti, Lucknow/Barabanki, State of Uttar Pradesh, to hold the feast ( bhandara ) one by one simultaneously w.e.f., 05.05.2025 to 20.06.2025, in view of the mutual agreement between petitioner-Society and Rajendra Kumar Verma, President, Baba Kedarnath Sewa Samiti, Lucknow/Barabanki, State of Uttar Pradesh, the Baba Kedarnath Sewa Samiti, held the feast ( bhandara ) w.e.f., 05.05.2025 to 05.06.2025 and the petitioner-Society had to start the feast ( bhandara ) w.e.f., from 06.06.2025 to 20.06.2025. 5. The petitioner-Society started its feast th ( bhandara ) on 06.06.2025. On the same day, a Class IV employee/Paryavaran Paryavekshak of the respondent no.4-Nagar Panchayat, Kedarnath, came on the spot and stopped the petitioner-Society to conduct the feast ( bhandara ) and seized all the articles without any notice and without any opportunity of hearing having been given to the petitioner-Society. Subsequently the petitioner- Society was slapped with a notice dated 06.06.2025 under the hand of the Sub Divisional Magistrate, Ukhimath, annexure no.11 to the writ petition, whereby it was stated that the petitioner-Society was running the feast ( bhandara ) illegally after 31.05.2025. By the same order dated 06.06.2025 a penalty of ₹ 96,000/- was imposed upon the petitioner-Society for running the feast ( bhandara ) beyond the time limit prescribed i.e., 2 2026:UHC:2046 31.05.2025 including a penalty of ₹ 60,000/- at the rate of ₹ 10,000/- per day as fine and ₹ 20,000/- as fine for not depositing the required fee of ₹ 11,000/- and further ₹ 5,000/- for spreading garbage and dirt in the area and was directed to deposit the aforesaid sum of ₹ 96,000/- within a period of three days in the Yatra Cell, Rudraprayag, failing which the petitioner-Society shall be black listed for further 5 years and the amount of fine would be recovered from the petitioner-Society, in accordance with law. The respondents further seized food grains, pulses and other articles, gas cylinder, stoves and utensils of the petitioner-Society. 6. Feeling aggrieved from the order dated 06.06.2025 the petitioner-Society is before this Court. 7. The counter affidavit is filed by the respondent- authorities wherein it has been admitted that the petitioner-Society was issued a permission to hold feast ( bhandara ) in the requisite place as stated by the petitioner-Society but only for a period from 06.05.2025 to 31.05.2025 vide order dated 24.04.2025 annexed as annexure no.5 to the writ petition. 8. The petitioner-Society was conducting feast ( bhandara ) beyond 31.05.2025, therefore, the order dated 06.06.2025 was passed against the petitioner-Society and his co-society-Rajendra Kumar Verma, President, Baba Kedarnath Sewa Samiti, Lucknow/Barabanki, State of Uttar Pradesh. 9. It is further contended in the counter affidavit that action was taken against the petitioner-Society on the complaint made by Shree Kedar Sabha. The complaint is annexed as annexure no.6 to the counter affidavit. The 3 2026:UHC:2046 complaint contained the date 10.06.2025. An attempt has been made by the State to justify the order passed which is impugned in the present writ petition. 10. Learned counsel for the petitioner-Society vehemently submitted that the respondent-Authorities have acted beyond its power. The order contained in Paper No.312 dated 24.04.2025, annexure no.5 to the writ petition, as well as the Letter No.324 dated 30.04.2025 annexure no.7 of the writ petition which reflects that the permission was given to run feast ( bhandara ) w.e.f., 05.05.2025 to 20.06.2025 to both the petitioner-Society as well as Rajendra Kumar Verma, President, Baba Kedarnath Sewa Samiti, Lucknow/Barabanki, State of Uttar Pradesh. The respondent-Authorities without any justifiable reason had stopped the petitioner-Society to run the feast ( bhandara ) during the period which was already allotted to him that ends on 20.06.2025. 11. He further submits that so far as the Letter No.325 dated 30.04.2025 annexed by the respondent in counter affidavit annexure no.5 is concerned, the same has never reached to the petitioner-Society; which has never been served upon the petitioner-Society. On the same day the time was given as stated above through Letter No.324 dated 30.04.2025 which was to expire on 20.06.2025, therefore, the subsequent Letter No.325, annexure no.5 of the counter affidavit appears to be an attempt to save the petitioner’s skin for acting against the petitioner-Society against the law. 12. Learned counsel for the petitioner-Society further submits that the complaint (annexure no.6 to the counter affidavit) which was made basis for acting against the petitioner-Society is allegedly given by Shree Kedar 4 2026:UHC:2046 Sabha again contained the date of 10.06.2025 while the impugned order has already been passed on 06.06.2025. 13. In this view of the matter learned counsel for the petitioner-Society submits that the order which has been issued against the petitioner-Society is against all legal norms inflicted upon the petitioner-Society without giving him copy of any notice or without affording any opportunity of hearing to the petitioner-Society. The respondents proceeded against the petitioner-Society inspite of having a valid permission to run the feast ( bhandara ) till 20.06.2025. 14. Per contra , learned counsel for the State submits that the period for the petitioner-Society to run the feast ( bhandara ) was cut short vide annexure no.5 to the counter affidavit from 20.06.2025 to 31.05.2025, therefore, he has been rightly proceeded with. 15. But learned Standing Counsel for the State has no answer to the fact if action was taken upon the petitioner-Society was on the basis of a complaint made by Shree Kedar Sabha dated 10.06.2025, how the impugned order was already passed by the respondent-authorities on 06.06.2025. 16. Having heard learned counsel for the parties and having perused the record, this Court is of the view that once the permission has been granted to the petitioner- Society to conduct the feast ( bhandara ) at Kedarnath at the given site w.e.f., 05.05.2025 to 20.06.2025, the same could not have been changed without giving an opportunity of hearing to the petitioner-Society and without taking the petitioner-Society in confidence. There was even no reason to cut short the period. 5 2026:UHC:2046 17. Further the reason for proceeding against the petitioner-Society on the basis of the complaint made by Shree Kedar Sabha on 10.06.2025 is also false and incorrect as the order has already been passed on 06.06.2025 by the Sub Divisional Magistrate, Ukhimath. 18. In such view of the matter, the impugned order dated 06.06.2025 (annexure no.11 to the writ petition), passed by respondent no.3 cannot sustain and is hereby quashed. 19. The respondent-authorities shall return the seized imperishable articles to the petitioner-Society immediately within a period of two weeks from the date of production of certified copy of this order. 20. It is further directed that the respondent- authorities shall consider the application of the petitioner- Society to conduct feast ( bhandara ) in Kedarnath, in the upcoming season, keeping in view the religious sentiments of the petitioner-Society. 21. Accordingly writ petition stands allowed. (Pankaj Purohit, J.) 23.03.2026 SK 6 </div>