Mahant Mukesh Goswami Prachin Shani Dev Mandir Ganga Ghat v. State of U.P. and 3 Others

Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2676 of 2023 Petitioner :- Mahant Mukesh Goswami Prachin Shani Dev Mandir Ganga Ghat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1The instant Writ (PIL) has been instituted for direction to the respondents to clean the Banks of Hindan River and the River itself at Ghaziabad so as to facilitate the Devotees to perform the "Chhath Pooja" commencing from 19.11.2023.

¶2It is contended that "Chhath Pooja" and the rituals relating to it are observed for over four days and include bathing, fasting and abstaining from drinking water, standing in water and offering prayer and 'Arghya' to the setting and rising sun.

¶3Learned counsel for the petitioner fairly admit that there is some delay in filing the writ petition as 'Chhath Pooja' is to commence day after tomorrow, i.e., 19.11.2023. He, however, submits that petitioner has already approached the District Magistrate for redressal of his grievance and the Magistrate be directed to consider the said grievance, in accordance with law.

¶4Learned counsel appearing for the State submits that apart from delay in filing the writ petition, on merits also the petitioner has no case and the devotees can still perform the 'Pooja' even without wading in the River Hindan instead by creating artificial water tubs or using alternate sites such as reservoirs, ponds etc.

¶5Be that as it may, the relief as prayed for by the petitioner cannot be granted at this stage in the present writ petition and therefore, the same is dismissed leaving it open for the petitioner to approach the competent authority for the redressal of his grievance. Order Date :- 17.11.2023 A. Tripathi (Ashutosh Srivastava, J) (Pritinker Diwaker, CJ) High Court of Judicature at Allahabad