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2025 DAILYLAW 83577 (KAR)

HERONS CRICKET CLUB v. THE COMMISSIONER

WP/25913/2025 · 2025-08-30

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33818 WP No. 25913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25913 OF 2025 (LB-BMP) BETWEEN: 1. HERONS CRICKET CLUB PRESENTED BY AKARSH PRATHEEK APS COLLEGE GROUNDS, MALLIKARJUNA TEMPLE ST, NR COLONY, BASAVANAGUDI, BENGALURU - 560 004. UNREGISTERED SOCIETY 2. VISHY CRICKET CLUB, PRESENTED BY AKARSH PRATHEEK NO.31, NEAR SSM SCHOOL VIDYAPEETHA MAIN ROAD, T.R NAGAR, BANGALORE - 560028. UNREGISTERED SOCIETY 3. PRATIDHWANI SPORTS CULTURAL ASSOCIATION, PRESENTED BY AKARSH PRATHEEK NO.105. 3RD CROSS, NETAJI ROAD, T.R. NAGAR, BENGALURU - 560070 UNREGISTERED SOCIETY …PETITIONERS (BY SRI. AKARSH PRATHEEK, ADVOCATE FOR SRI. CHANDRASHEKAR S.N., ADVOCATE (P/H)) AND: 1. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33818 WP No. 25913 of 2025 N.R. SQUARE, BANGALORE - 560002, 2. A.P.S. EDUCATION TRUST R/BY PRESIDENT K.P. NARASIMHA MURTHY HAVING ITS OFFICE AT N.R. COLONY, BASAVANAGUDI, BANGALORE - 560004, REPRESENTED BY ITS PRESIDENT, REGISTERED ORGANIZATION 3. THE JOINT COMMISSIONER (SOUTH), BBMP SOUTH ZONE, JAYANAGAR, BANGALORE - 560 011 4. SHRI. VIDYARANYA YUVAKA SANGHA, REPRESENTED BY NANDESH MARIYAPPA NO.33, GANGAPPA COMPLEX, D.V.G. ROAD, BASAVANAGUDI, BANGALORE - 560 004 UNREGISTERED SOCIETY/ORGANIZATION …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R3 (P/H) NOTICE TO R2 AND R4 D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1. DIRECT R1 AND 3 TO SET ASIDE OR QUASH THE PERMISSION GRANTED FOR ORGANIZING THE GANESH UTSAV ON THE MUNICIPAL PLAYGROUND FROM 27/08/2025 TO 05/09/2025 AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:33818 WP No. 25913 of 2025 ORAL ORDER An open space called A.P.S. college ground is said to be owned by respondent No.1 - BBMP. It is generally utilized for sports activities. However, it is submitted that permission has been granted by the BBMP for celebrating the lord Ganesha festival. On the ground that the said permission has been granted for an unusually long period of 1 ½ months and it is disrupting the sports activities, the present writ petition is filed with the following prayers. (i) " Issue a writ of Mandamus or any other appropriate writ directing Respondents 1 - 3 to set aside or quash the permission granted for organizing the Ganesh Utsav on the municipal playground, from 27.08.2025 to 05.09.2025. (ii) Direct enforcement of the Noise Pollution (Regulation & Control) Rules, 2000, and relevant provisions of the BBMP Act, 2020 (Sections 254, 255, 256), ensuring no nuisance or pollution, and preventing any activities that leave harmful objects or endanger children is annexed herewith as Annexure C 1 - C 20. (iii) Direct the Respondents to refrain from permitting any non-sporting or non-recreational activity on the said playground. - 4 - HC-KAR NC: 2025:KHC:33818 WP No. 25913 of 2025 (iv) Direct the Respondents to maintain and preserve the said playground exclusively for sports, physical education, and public recreation. (v) Pass such other orders as this Hon'ble Court may deem fit and proper in the interest of justice and equity." 2. Admittedly, petitioners have no right whatsoever on the vacant land. It belongs to BBMP. It is the prerogative of the BBMP to utilize the same as it deems fit. Normally, it is being utilized for sports activity. The Ganesha festival being an important festival of India, the ground is being utilized for celebration of the said festival and conduct of cultural activities, I do not see any infirmity in the same. The petitioners have failed to point out violation of any law or their right in this regard. 3. As the writ petition is devoid of merits, the same is hereby dismissed. Sd/- (M.I.ARUN) JUDGE BH CT:VS List No.: 1 Sl No.: 14