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Judgment
D. N. Patel, CJ
Proceedings of the matter have been conducted through video conferencing.
CM APPL.12704/2020 (exemption)
Allowed, subject to just exceptions.
W.P.(C) 3571/2020
This petition, styled as a Public Interest Litigation has been preferred with the following prayers:
"(1) Prohibit all Kanwaryias [ कावड़िया] above 60 years of age, particularly those with co-morbidities, from undertaking this year's Kanwar Yatra [कावड़ यात्रा], starting from 06.07.2020 to 19.07.2020.
(2) Direct the Respondent to issue appropriate notification in this regard and publicize it widely.
(3) Direct the Respondent to take appropriate steps to implement such notification and the orders of this Hon'ble Court.
(4) Pass any other or further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice and to meet the ends of justice."
Looking to the facts and circumstances of the case, it appears that this petitioner is in search of prohibition of all 'Kaanwaryias' above 60 years of age and particularly those with comorbidities from undertaking 'Kaanwar Yatra' going to start from 06.07.2020 to 19.07.2020.
Learned counsel appearing for the respondent has clarified that respondent has issued guidelines known as 'Guidelines Unlock-1', according to which the large congregations/functions of religious activities are already prohibited. Moreover, without preferring any representation to the Government, this writ petition has been preferred before this Court.
We hereby direct the concerned respondent authority to treat this writ petition as a representation and look to the grievances ventilated as early as possible and practicable, keeping in mind the provision of law, rules, regulations and Government policy applicable to the fact of the present case.
With these directions, this writ petition is disposed of.