i^V- HiGH COURT OF CHHATTISGARH AT B1LASPUR DIViSION BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. Writ Petition No. 5109 of 2005 (Pubiic Interest Litiaationl PETITIONER Triambak Sharma, Aged about 37 years, S/o Shri Mritunjay Sharma, R/o Pt. Dean Dayal Upadhyay Nagar, Chhattisgarh Housing Board Colony, Raipur (C.G.) RESPONDENTS Versus 1. State of Chhattisgarh, Through the Secretary, Department of Home, D.K.S. Bhawan, Mantralay, Raipur (C.G.5 2. Union of india, Department of Home Affairs, Government of india, North Block, New Deihi (India) Writ petition underArticie 226 ofthe Constitution of India Present: Shri Anand Kumar Tiwari, learned counsei for the petitioner. Shri M.P.S. Bhatia, learned Deputy Government Advocate for respondent No.1. Shri Bhishma Kinger, learned Standing counsel for respondent No.2. Shri Y.C. Sharma, learned counset for the proposed Intervener. ORDER (4th March, 2008) The foilowing order of the Court was passed by Rajeev Gupta, CJ. Heard learned counsel for the parties on admission. ^^ r 2. Petitioner - Triambak Sharma, has filed this writ petition styled as 'Public interest Litigation' for the foilowing reliefs:- "7.1. To kindly pass a writ of mandamus directing the respondents to restrict the manufacturers from pubiishing the print/image of God and Goddess in the crackers and bombs. 7.2. To kindly grant any other relief as may be deemed just and proper under the facts and circumstances of the case. 7.3. To kindly ailow the cost and expenses of the petition." 3. The petitioner, in substance, is seeking a directlon to the respondents to restrain the manufacturers of fire crackers from publishing/ printing the image of God and Goddess on the crackers and bombs. 4. Shri Anand Kumar Tiwari, learned counsel for the petltioner submitted that the manufacturers of fire crackers by using the image of Hindu God and Goddess on the fire crackers and bombs are hurting the feelings of Hindus. 5. Shri M.P.S. Bhatia, learned Deputy Government Advocate referring to para 10 of the counter affidavit filed on behalf of State of Chhattisgarh submitted that as the manufacturers are manufacturing fire crackers and bombs under the licence issued by respondent No.2 - Union of India, the State Government has no power to ban the use and circulation of such fire crackers. 6. Shrl Bhishma Kinger, learned Standing counsel for respondent No.2 - Union of India submitted that if the religious feelings of the petitioner have been hurt by the manufacturers of ''^. ® tei.:- the fire crackers, by the use of the images of God / Goddess on the fire crackers; the petitioner can either file a crlminal compiaint in a Criminal Court against such manufacturers or can claim damages in a Civil Court. Learned standing counsei further submitted that if the petitioner points out a specific case of breach of provisions of law by a manufacturer, respondent No.2 - Union of India wiii consider the same for cancellation of his Iteence in accordance with law. 7. The pet'rtioner in this writ petition has neither spelt out the detaiis of such manufacturers nor has impleaded any such manufacturers as respondents in the writ petition. We; therefore; deem it proper to observe that the petitioner may either fite a criminal compiaint before the Crimlnal Court for the aileged commission of the offences punishabie under Indian Penal Code or any other iaw and/or may apply to respondent No.2 - Union of India with complete details about such manufacturer with a prayer for canceliation of his licence. 8. With the above observation, the petition stands dlsposed of. 9. The security amount of Rs.2,000/- deposited by the petltioner be refunded to him. — Sd/-, Chief Justice Sd/- Sunil Kumar Sinha Judge nimmi