Priya Gour
Published on: 31st August, 2022 at 19:25 IST
Karnataka High Court during a night hearing has refused to stay the permission granted by the Dharwad Municipal Commissioner for Ganesh Chaturthi celebrations at Idgah ground in Hubbali-Dharwad.
Justice Ashok S Kinagi, denied interim relief to the petitioner Anjuman-E-Islam for staying the upcoming Ganesh Chaturthi festivals at the ground.
About the case:
The petition was filed by Anjuman-E-Islam. It challenged the order passed by the Municipal Commissioner which allowed Hindu organisations to install Lord Ganesha idols at the idgah ground for Ganeshotsav. The Court noted the order was as per a committee recommendation.
The petitioner was only a licensee of the plot, and it was a property held by the Dharwas Municipal Corporation. They had permission with respect to namaz offerings only on Ramzan and Bakrid.
The argument that the property is covered under the Places of Worship Act 1991, was not accepted by the court. The petitioner has failed to submit any record to prove that the property has been declared as a place of worship.
The property grounds are also used for various other activities: vehicle parking and vending. The order in the Chamrajpet case can not be applied in Bangalore because it doesn’t apply here.
In the Chamrajpet case, there was a title dispute; in the current case, the petitioner was not able to deny the title of the Municipality. In the absence of any title dispute, there is no title dispute, so there is no question of dispute involved.
“….the prayer for interim relief sought by the petitioner does not deserve merit and the same is rejected.”
The petitioner’s counsel submitted that, “I am not saying they don’t have right or power. It is their property but not at this time.”
Therefore, the court dismissed the petition and granted permission for the celebrations.
