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2020 DIGILAW 91 (MP)

Usha Savita And Others v. State Of Madhya Pradesh And Others

2020-01-14

VISHAL MISHRA

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JUDGMENT 1. Present petition has been filed by the petitioners feeling aggrieved by action of the respondents whereby, they are not unlocking/opening the marriage garden known as Swayamvar Vatika situated in front of R.R.Tower, Near Janaktal Bahodapur district Gwalior despite of the fact that name of aforesaid marriage garden finds place in the list of marriage gardens which are fulfilling the required criteria as per news published in daily Newspaper `Swadesh' on 11.1.2020. The marriage of petitioners' son/daughters is to be solemnized on 15th, 16th, 17th, 29th and 31st of 2020 and entire preparations have been made. But marriage garden has been locked and not being opened by the authorities despite repeated requests. He has drawn attention of this court to the newspaper report dated 11th January, 2020 wherein, names of marriage gardens whose locks are to be opened are specifically mentioned and the name of Swyamvar Marriage Garden A.B. Road has also been mentioned. The marriage cards are being filed by the petitioners. It is submitted that if the lock is not opened then marriage could not be solemnized and they will be suffering irreparable loss and it will cause aspersion to them. He has drawn attention of this court to the order passed by Division Bench of this court in Review Petition No.29 of 2020 ( Vrithar Gwalior Marriage House Assn. Gwalior Vs. State of M.P .) wherein, interim order has been passed on 7.1.2020 to the following effect : " This court, thus, subject to final decision of this review petition passes the following interim order: (i) The Collector, Gwalior is directed to identify those marriage gardens which have been registered/licenced/operational since prior to 01.06.2012 and after identification permit such marriage gardens to be operational provided these marriage gardens reserve and leave vacant at least 40% of their total area, exclusively for parking purposes. (ii) The Collector, Gwalior, is further directed to identify those marriage gardens which have been registered/licenced/operational from and after 01.06.2012 and after such identification allow only such marriage gardens to be operational and functional which strictly adhere to the provisions of Rule 53 of M.P. Bhumi Vikas Rules, 2012. (iii) It is made clear that in case any marriage garden is found to be operational in violation of the above directions, the Collector, Gwalior shall be held personally liable to face coercive action including initiation of proceeding for contempt of this Court. (iii) It is made clear that in case any marriage garden is found to be operational in violation of the above directions, the Collector, Gwalior shall be held personally liable to face coercive action including initiation of proceeding for contempt of this Court. (iv) The Collector, Gwalior shall before the next date of hearing file on affidavit containing list of aforesaid two classes of marriage gardens in two separate tabular illustrations disclosing details of those necessary attributes u/R.52 which each marriage garden fulfills/fails to fulfill. (v) The petitioner/association is directed to file affidavit alongwith relevant documents showing by way of tabular illustration the extent to which they comply/fall short of the minimum requisite legal standards under Rule 53 of 2012 Rules before the next date of hearing ". 2. He prayed for opening of the lock of the marriage garden as stated herein above. 3. On the other hand, counsel for the State has drawn attention of this court to the order passed by a coordinate Bench of this court on 10.1.2020 in W.P.No.835 of 2020 ( Rajendra Prasad Sharma and Others Vs. State of M.P. and Others ) wherein, in similar circumstances, the coordinate Bench has dismissed the writ petition holding that the remedy is available to the petitioner to file civil suit for claiming damages. It is further contended that the coordinate bench has considered this aspect that the writ petition has been filed seeking specific performance of contract entered into between petitioners and respondent No.5. It is further contended that the matter is pending consideration before Division Bench. He prayed for dismissal of the writ petition. 4. Heard learned counsel for the parties and perused the documents appended thereto. 5. Considering the over all facts and circumstances of the case and also the fact that some directions have been issued by Division Bench of this court in review petition (pointed out herein above) and also the newspaper publication report, this court deems it proper to dispose of this writ petition with a direction to the petitioners to approach Collector District Gwalior along with representation, the order passed by Division Bench in Review Petition dated 7.1.2020 as well as the newspaper report and the Collector is directed to consider and decide the representation submitted by the petitioner expeditiously preferably within a period of seven working days from the date of receipt of this order. 6. 6. Needless to mention that this court has not expressed any opinion on the merits of the case. 7. With the aforesaid directions, this petition stands disposed of.