THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 172 of 2010. Anjume Gulame Mustafa Welfare Society, through its President Mohd. Rafi, Son of Shri Ali Hussan, Resident of Mohalla Shyam Nagar, Sultanpur, Tehsil and Police Station Bazpur, District Udham Singh Nagar. … Petitioner. Vs. 1. State of Uttarakhand, through Secretary (Personnel), Secretariat, Dehradun. 2. District Magistrate, District Udham Singh Nagar. 3. Senior Superintendent of Police, District-Udham Singh Nagar. 4. Station House Officer, Police Station-Bazpur, District Udham Singh Nagar. …Respondents. Mr. Pratiroop Pandey, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, Addl. C.S.C., learned counsel for the respondents. Date February 16, 2010. Hon’ble B.S.Verma, J. (Stay Application No. 643 of 2010) Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of mandamus, directing the respondent nos. 2, 3 and 4 not to restrain the petitioner from taking out the procession on 27-2- 2010 on the occasion of Barawafat (Miland Un-Nabi) from 9 a.m. till 4 p.m. According to the petitioner, the festival of Barawafat is one of the prominent festivals of the Muslim community, which is celebrated on the birthday of Prophet Mohammad. In the past, there has been a tradition to carry out a small and peaceful procession on this festival till the year 2008, but in the year 2009, while the procession was in the middle of its completion, the police without any prior notice restrained the procession from proceeding forward. The petitioner on behalf of the Muslim residents of Nagar Panchayat Sultanpur area moved an application to the Up Ziladhikari Bazpur for 2 permission to take out procession on the occasion of Barawafat falling on 27th February 2010, which is still pending. Learned counsel for the petitioner has contended that more than one month has passed since the making of application, but no order has been passed by the authority concerned on the application of the petitioner (copy Annexure-3 to the petition) and the date of festival is 27-2-2010. During the course of arguments, learned counsel for the petitioner has urged that the petitioner may be given liberty to make an application afresh before the District Magistrate, Udham Singh Nagar and the District Magistrate be directed to pass appropriate order thereon well in advance from the date of festival. Accordingly, the writ petition may be disposed of finally. The petitioner is given liberty to move an application afresh before the District Magistrate Udham Singh Nagar within a period of three days. If the application is so made, the District Magistrate Udham Singh Nagar shall pass appropriate order on the application of the petitioner expeditiously before 25th February 2010. With the above direction and observation, the writ petition is disposed of finally. Certified copy of this order be issued to the learned counsel for the petitioner today on payment of usual charges. (B.S.Verma,J.) RCP 3