Karnataka High Court gave approval of Ganesh festival at Hubballi Idgah ground
Late night Karnataka High Court gave a big decision: Approval of the Ganesh festival at Hubballi Idgah ground
The way was cleared for the three-day Ganesh festival at Idgah in Hubballi. The Dharwad Bench of the Karnataka High Court, after a special hearing on Tuesday night, refused to stay the permission to hold the Ganesh festival at Idgah Ground Hubballi Eidgah Maidan. The petitioner sought a stay on the interim order of the Principal Bench of the High Court granting permission to hold Ganesh Utsav at Chamarajpet Idgah Ground in Bengaluru and a stay on the Ganesh Utsav at Hubballi Idgah Ground on the basis of the Supreme Court's order to maintain status quo. Was. After the decision of the court, now a three-day Ganesh festival can be organized from Wednesday as per the permission of Hubballi-Dharwad Municipal Corporation at Idgah ground in Hubballi.
The bench, after hearing the arguments of both sides, refused to pass an interim order on Anjuman-e-Islam's plea seeking a stay on the Ganesh festival. The bench said that the ownership of this land is with the Municipal Corporation. The organization is allowed to offer Namaz there only on Eid and Bakrid. Unlike in the Chamarajpet case, there is no dispute over ownership. Therefore, the case for appeal for relief is not made out on that ground. The bench also rejected the plea of Idgah ground to come under the Places of Worship Act 1991. The bench said that it is used for other purposes including vehicle parking. The petitioner has not produced any document declaring it as a religious or a place of worship.
The bench said that since there was no dispute about the ownership, the relief cannot be granted on the basis of the order of the Supreme Court in this matter. Earlier, Additional Advocate General Dhyan Chinnappa, appearing for the Municipal Corporation, said that the petitioner does not have any right of ownership of this land. He said that in this case, the trial court had said that the public has the right to use this land. This decision was also confirmed by the High Court and the Supreme Court. He said that this land is the property of the Municipal Corporation. There is no dispute regarding ownership or possession. The petitioner has the right to offer Namaz here only for two days a year. Assistant Solicitor General MB Nargund said that the order of the apex court cannot be taken as a precedent in this case as there has been no other use of the ground for 200 years in the Chamarajpet case.
Earlier in the day, the bench, based on the High Court's interim order in the Chamarajpet case, allowed the municipal corporation to decide on the applications received for organizing Ganesh Puja at the Idgah ground as per rules. Along with this, the petitioner was also given the liberty to mention the matter again on the basis of the decision of the apex court in the Chamarajpet case. In the evening after the apex court's order, the petitioner's counsel again mentioned the matter before the bench.