In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.3315 of 2008 Date of Decision:31.3.2008 Singh Sports Yuvak Sewavan Club (Regd.) ---Petitioner vs. State of Punjab and others. ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr. I.S.Saggu, Advocate, for the petitioner Mrs. Charu Tuli, Sr. DAG. Punjab M.M.KUMAR, J. The prayer made by the petitioner in the instant petition is for quashing orders dated 29.2.2008 and 3.3.2008 (Annexures P-4 and P-5 respectively) passed by the Sub Divisional Magistrate, Khanna, withdrawing the permission regarding use of loudspeakers for the purpose of tournament and cultural program which was to be held on 7-8.3.2008 at village Ghungrali Rajputan, Tehsil Khanna, District Ludhaina. It is appropriate to mention that there are two sports club in village Ghungrali Rajputan namely, Singh Sports Yuvak Sewavan Club (Regd.)-petitioner and Singh Sport Association. Some arrangements have been made between C.W.P. No. 3315 of 2008 -2- both the clubs that they will hold sports meet in the alternative year and the difference between the two meets has to be more than 10 months. It is conceded position that Singh Sport association has held the sports meet in February, 2008 and the petitioner wishes to hold the sports meet, although the period of 10 months has not elapsed. When the matter came up for consideration, we were initially of the view that their should not be any impediment in holding the sports meet by the petitioner and the period of 10 months should not be considered as bar. Accordingly, we asked the Sub Divisional Magistrate, Khanna, to intervene in the matter and take a fresh decision. The operative part of the order dated 5.3.2008 passed by this Court reads thus:- “After hearing learned counsel, we are of the considered view that the matter can be resolved by the Sub Divisional Magistrate, respondent No. 4 by calling the Sarpanch as well as the petitioner for some amicable settlement, keeping in view the importance of promoting the sports and cultural program of the nature the petitioner is likely to hold and also by taking into account the peace and tranquility of the area. The respondent No. 4 may pass fresh orders after hearing of both the parties. The parties through their counsel are directed to appear before the Sub Divisional Magistrate, Khanna, respondents No.4 on 6.3.2008 at 10-00A.M. The impugned orders are kept in abeyance. To come up for further consideration on C.W.P.No. 3315 of 2008 -3- 12.3.2008. Copy of the order be given dasti to the learned State counsel under the signatures of the Bench Secretary.” In pursuance to the aforementioned direction, the Sub Divisional Magistrate, Khanna, has submitted his detailed report dated 6.3.2008. He has referred to Resolution No. 4 passed on 7.2.2004 according to which both the clubs shall hold tournaments on rotation basis in alternative years. It has been recorded as a fact that in February, 2008, Singh Sports Association has conducted the tournament and the petitioner- club could arrange the tournament, according to resolution No. 4 passed on 7.2.2004, only after the expiry of period of 10 months, which could be possible in December, 2008. The statement of Mr. Bedi, Deputy Superintendent of Police, Khanna, has also been recorded. This speaks of number of difficulties in coping with the law and order situation, if such a prayer is granted. The Sub Divisional Magistrate, Khanna has also recorded that a suggestion was made that sports and cultural programmes should be promoted in the society and no hurdle should be created. Then it was suggested that the petitioner could arrange the tournament in the near village and in Khanna. However, the petitioner had insisted for holding sports meet only at the stadium at village Ghungrali Rajputan. After hearing learned counsel for the parties and keeping in view the resolution passed by the Gram Panchayat in the year 2004, the petitioner would be well advised to stick to the aforementioned arrangements. The right of the petitioner to hold tournament and cultural program is not being snatched but is required to be regulated by Resolution C.W.P.No. 3315 of 2008 -4- No. 4 dated 7.2.2004 passed by the Gram Panchayat which advances peace and tranquility of the area. If the petitioner wishes to hold the sports meet and cultural program in the adjoining village or any other place in Tehsil Khanna, the Sub Divisional Magistrate has come forward with offer of all the facilities and arrangements. Accordingly, we hold that if the petitioner is inclined to hold tournament-cum-cultural evening, then he may do so in adjoining village or other area in order to avoid any breach of peace and tranquility in the area. The writ petition stands disposed of with the aforesaid observations. (M.M.KUMAR) JUDGE (SABINA) JUDGE March 31, 2008 paramjit