- 1 - HC-KAR NC: 2025:KHC:48666 WP No. 34608 of 2025 C/W WP No. 34600 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 34608 OF 2025 (LB-RES) C/W WRIT PETITION NO. 34600 OF 2025 (LB-RES) IN WP No. 34608/2025 BETWEEN: MR. SANIL GEORGE THE PROPRIETOR M/S APOLLO CIRCUS OFFICE AT: 'MARANATHA' NEAR RAILWAY GATE, NETTUR P.O., KODUVALLY, THALASSERY, KERALA - 670 105. …PETITIONER (BY SRI. GOVIND BHARATH M.V., ADVOCATE) AND: 1. THE COMMISSIONER SHIVAMOGGA MAHANAGARA PALIKE, WARD NO.26, GOPALA GOWDA EXTENSION, SHIVAMOGGA - 577 201. 2. THE DEPUTY COMMISSIONER, SHIVAMOGGA, K. BALARAJ URS ROAD, SHIVAMOGGA DISTRICT - 577 201. …RESPONDENTS (BY SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R1; MS. SPOORTHY V., HCGP FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO PERMIT AND ISSUE NOC TO THE PETITIONER TO CONDUCT Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48666 WP No. 34608 of 2025 C/W WP No. 34600 of 2025 ITS INDOOR CIRCUS AT THE MUNICIPAL CORPORATION GROUND, NEAR THE GOVERNMENT BUS STAND, MILAGHATTA, SHIVAMOGGA CITY, FOR THE PERIOD SANCTIONED EARLIER, I.E., 38 DAYS, COMMENCING FROM THE DATE OF THE ORDER OF THIS HON'BLE COURT ETC. IN WP NO. 34600/2025: BETWEEN: SRI. SANATH KUMAR THE PROPRIETOR M/S APTHA AMUSEMENT PARK OFFICE AT NO.217, 2ND CROSS, BIDARE POST, SHIVAMOGGA-577 222. ...PETITIONER (BY SRI. GOVIND BHARATH M.V., ADVOCATE) AND: 1. THE COMMISSIONER SHIVAMOGGA MAHANAGARA PALIKE, WARD NO.26, GOPALA GOWDA EXTENSION, SHIVAMOGGA-577 201. 2. THE DEPUTY COMMISSIONER, SHIVAMOGGA, K. BALARAJ URS ROAD, SHIVAMOGGA DISTRICT-577 201. ...RESPONDENTS (BY SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R1; MS. SPOORTHY V., HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO PERMIT AND ISSUE NOC TO THE PETITIONER TO CONDUCT ITS EXHIBITION CUM SALES AT THE MUNICIPAL CORPORATION GROUND, WITHIN AN EXTENT OF 60,548 SQ. MTRS., NEAR THE GOVERNMENT BUS STAND, MILAGHATTA, SHIVAMOGGA CITY, FOR THE PERIOD SANCTIONED EARLIER, I.E., 62 DAYS, COMMENCING - 3 - HC-KAR NC: 2025:KHC:48666 WP No. 34608 of 2025 C/W WP No. 34600 of 2025 FROM THE DATE OF THE ORDER OF THIS HONBLE COURT AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners in W.P. No.34608/2025 and W.P. No.34600/2025 have sought for a writ in the nature of mandamus to direct respondent No. 1 to permit him to conduct the circus and the amusement park respectively at Municipal Corporation ground near Government Bus Stand Milaghatta, Shivamogga City for a period of 38 days and 62 days respectively. They have also sought for a writ in the nature of mandamus to direct respondent No. 2 to permit the petitioner to conduct the circus and the amusement park in the afore- stated place and have sought for quashing the order bearing No.².ªÀÄ.¥Á.PÀA±Á/¹.Dgï.43-E:158816/155822/2025-26 dated 06.11.2025 passed by the respondent No.1 by which the No Objection granted to the petitioners was withdrawn. - 4 - HC-KAR NC: 2025:KHC:48666 WP No. 34608 of 2025 C/W WP No. 34600 of 2025 2. The petitioners claim that they were permitted by respondent No.1 to conduct a circus and an amusement park in terms of a communication dated 17.10.2025 and 18.10.2025 respectively. They claim that they have paid a sum of Rs.2,52,620/- and Rs.5,00,245/- respectively for the aforesaid purpose. They claim that they have already taken necessary steps for conducting the circus and the amusement park and that activities are on. In the meanwhile, the respondent No.1 has issued the impugned order withdrawing the No Objection granted to the petitioners on the ground that an interim order was granted by this Court in W.P. Nos.23448/2023 and 22808/2023. The petitioners are therefore before this Court challenging the said order. 3. Learned counsel for the petitioners submits that the petitioners are granted permission for over a month to conduct a circus and the amusement park in the aforementioned space belonging to the respondent No.1 and that the petitioners have paid a sum of Rs.2,52,620/- and Rs.5,00,245/- respectively for the aforesaid purpose. They submit that in the meanwhile, some stranger had filed a writ petition before this Court in WP - 5 - HC-KAR NC: 2025:KHC:48666 WP No. 34608 of 2025 C/W WP No. 34600 of 2025 No.23448/2023 where there was an order not to run any exhibition or amusement park at the Corporation ground. It is submitted that the said writ petition is now withdrawn and there is no impediment for the respondent No.1 to permit the petitioners to continue the circus and the amusement park. Thus, they pray that the impugned order/s passed by respondent No.1 be set aside and the petitioners be granted permission to run the circus and the amusement park for a period of 38 and 62 days respectively from today. 4. The learned counsel for the respondent No.1 fairly submits that the writ petition referred above was withdrawn and therefore there is no impediment for the petitioners to continue to operate the circus and the amusement park in the premises mentioned above. He however contends that the petitioner who filed W.P. No.22808/2023 has also filed O.S.No.843/2025 and therefore any permission that may be granted to the petitioners should be subject to the proceedings in O.S. No.843/2025. In reply, the learned counsel for the petitioners contends that there is no order passed in O.S. No.843/2025 till date which prohibits the respondent No.1 from - 6 - HC-KAR NC: 2025:KHC:48666 WP No. 34608 of 2025 C/W WP No. 34600 of 2025 permitting the petitioners from running the circus and the amusement park in the premises. 5. I have considered the contentions of the learned counsel for the petitioners and the learned counsel for respondent No.1. 6. The impugned order was passed on the premise that one Mr. Harish had filed W.P. No.23448/2023 and 22808/2023 where this Court had restrained the respondent No.1 from letting out the Corporation ground for exhibition and other amusement activities. The said writ petition is now withdrawn and therefore there is no impediment for the respondent No.1 to continue the petitioners to use the premises for conducting a circus and the amusement park. It is needless to mention that in case any order is granted in O.S. No.843/2025, the respondent No.1 shall revisit the "No Objection" granted to the petitioners to run the circus and the amusement park. - 7 - HC-KAR NC: 2025:KHC:48666 WP No. 34608 of 2025 C/W WP No. 34600 of 2025 7. In view of the above, the writ petitions are allowed. The order passed by the respondent No.1 bearing No.².ªÀÄ.¥Á.PÀA±Á/¹.Dgï.43-E:158816/155822/2025-26 dated 06.11.2025, which is impugned in both the petitions, is quashed. The respondent Nos.1 and 2 are directed to permit the petitioners to run the circus and the amusement park on the Corporation ground behind the KSRTC bus stand, Shivamogga City for a period of 38 days and 62 days respectively, commencing from today. 8. It is needless to mention that the petitioners shall take all necessary precautions to ensure safety of the general public including installing fire-fighting equipment in the circus area. They shall also ensure that necessary fire insurance and other insurances are obtained to ensure safety and security of the visiting public. Sd/- (R. NATARAJ) JUDGE ykl List No.: 1 Sl No.: 40