Uttarakhand High Court

WPCRL/1575/2026 of M/S IMAGE TRADE PROMOTION EXPOSITION AND EVENT MANAGER Vs STATE OF UTTARAKHAND on 6 August 2026

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1575/2026 M/s Image Trade Promotion Exposition And Event Manager --Petitioner Versus State Of Uttarakhand and Others --Respondents

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS

WPCRL/1575/2026 M/s Image Trade Promotion Exposition And Event Manager --Petitioner Versus State Of Uttarakhand and Others --Respondents Hon'ble Alok Mahra, J.

Mr. Pankaj Semwal and Mr. Siddharth Singh Negi, learned counsel for the petitioner.

Mr. Nikhil Bisht, learned Brief Holder for the State of Uttarakhand.

2. By means of the present Criminal Writ Petition, the petitioner has sought the following reliefs: "(i) Issue a writ, order or direction in the nature of mandamus directing respondent no. 2 to forthwith provide adequate police protection and administrative security to the petitioner, his staff, participating artisans and Self-Help Groups, ensuring the peaceful, uninterrupted and smooth conduct of the Uttarakhand Trade Festival, 2026 at Malviya Udyan, Kotdwar till its scheduled completion on 10.08.2026.

(ii) Issue a writ, order or direction in the nature of mandamus restraining respondent no. 6, its members, agents or representatives from illegally interfering with, threatening, obstructing or creating any hindrance in the conduct of the exhibition, including the entry and exit of goods, stalls and personnel at the venue during the permitted period up to 10.08.2026.

(iii) Issue a writ, order or direction in the nature of mandamus directing respondent nos. 2 and 5 to take immediate and appropriate legal action against respondent no. 6 and its members on the basis of the petitioner's representations dated 04.08.2026 and 05.08.2026 regarding alleged illegal extortion, threats to life and criminal obstruction."

3. Learned counsel for the petitioner submits that the petitioner firm was granted permission by respondent no. 3, the Sub-Divisional Magistrate, Kotdwar, to organize the Uttarakhand Trade Festival, 2026, including a handicrafts exhibition, at Malviya

Udyan, Kotdwar for the period from 22.07.2026 to 10.08.2026. It is submitted that while the exhibition was being conducted peacefully, the petitioner received a communication dated 28.07.2026 issued by respondent no. 6, the Secretary of Prantiya Udyog Vyapar Pratinidhi Mandal, Uttarakhand, whereby it was purportedly decided that the exhibition would be permitted to continue only for a period of seven days and that thereafter the petitioner would be required to vacate the venue.

4. Learned counsel for the petitioner contends that once the competent authority, namely the Sub- Divisional Magistrate, Kotdwar, had granted permission to conduct the exhibition after considering all relevant aspects and subject to the conditions contained in the permission order, respondent no. 6, being merely a traders' association, has no legal authority or jurisdiction to curtail, modify or override the permission so granted.

5. This Court finds prima facie substance in the submission advanced on behalf of the petitioner. Once permission has been granted by the competent statutory authority after due consideration, respondent no. 6, which is only an association of traders, cannot assume to itself the authority to restrict or curtail the period of permission granted by the competent authority. Such an action is wholly without jurisdiction and dehors the authority of law.

6. Accordingly, the communication dated 28.07.2026 issued by respondent no. 6 is prima facie without jurisdiction and without any authority of law, and therefore cannot be permitted to hinder the implementation of the permission granted by the competent authority.

7. In the facts and circumstances of the case, respondent nos. 2 and 3 are directed to ensure that adequate police protection and necessary administrative assistance are provided to the petitioner, the participating artisans and the members of the Self-Help Groups so as to enable the peaceful and uninterrupted conduct of the Uttarakhand Trade Festival, 2026 in terms of the permission granted by the Sub-Divisional Magistrate, Kotdwar vide order dated 22.07.2026, till the expiry of the permitted period.

8. With the aforesaid directions, the present Criminal Writ Petition stands disposed of.

9. Let a copy of this order be communicated forthwith to respondent nos. 2 and 3 for immediate compliance.

(Alok Mahra, J.) 06-08-2026 SB

SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5d ba6b3a2c24b5aa08b09c12f21822fb d40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C 52796A542D7FF0A9BED00E67B5283 D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.08.06 17:59:32 +05'30'

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