Court No. - 9 Case :- WRIT - C No. - 58774 of 2008 Petitioner :- Sara Palace Respondent :- State Of U.P. And Others Petitioner Counsel :- Madhur Prakash Respondent Counsel :- C.S.C.,Amar Nath Sharma Hon'ble Vijay Manohar Sahai,J.
Hon’ble Mrs. Jayashree Tiwari,J.
We have heard learned counsel for the parties.
The petitioner got a map sanctioned for construction of the community hall.
Later on the petitioner utilized the community hall as barat ghar. For this
purpose he obtained fire prevention certificate dated 1.7.2008, which has been
filed as Annexure-3 to the writ petition. The petitioner also got a licence
issued on 1.4.2008 from Nagar Swasthya Adhikari, Budaun for preparation of
food etc. Even the petitioner has paid tax to Municipality, Budaun for barat
ghar. It is a matter of common knowledge that nowadays barat ghar is
essential for general public and for public welfare barat ghars are required in
residential areas. Prima facie we are of the opinion that in a community hall
barat ghar can be run and no sanction for barat ghar is required. In community
hall birth day parties and marriages take place. Therefore, merely using the
community hall into barat ghar would not change the purpose. We are of the
opinion that the petitioner has not committed any illegality and the order
passed by Prescribed Authority/City Magistrate, Budaun dated 4.10.2008
cannot be maintained.
In the result, this writ petition succeeds and is allowed. The order dated
4.10.2008 passed by the Prescribed Authority/City Magistrate, Budaun,
Annexure-11 to the writ petition, is quashed. If the premises of the petitioner
has been sealed, the same shall be opened forthwith.
The parties shall bear their own cost.
Order Date :- 19.7.2010
PK