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2026 DAILYLAW 29714 (KAR)

SRI SHARANAPPA S @SHARANAPPA GURUJI LAMBANI v. THE STATE OF KARNATAKA

WP/21050/2026 · 2026-07-17

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010468562026 NC: 2026:KHC:36869 WP No. 21050 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.21050 OF 2026 (GM-RES) BETWEEN: SRI. SHARANAPPA S @ SHARANAPPA GURUJI LAMBANI, S/O SRI SEVYA NAIK, AGED ABOUT 41 YEARS, OCCUPATION: SOCIAL AND CULTURAL WORKER, R/AT PATREHALLI VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT, KARNATAKA - 577 511. …PETITIONER (BY SRI.SADDAM R.MULLA, ADVOCATE FOR SRI.MOHAMMED TAHIR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE CITY MUNICIPAL COUNCIL, HIRIYUR, REP. BY ITS MUNICIPAL COMMISSIONER (POURAYUKTA), NAGARASABHA KARYALAYA, HIRIYUR, CHITRADURGA DISTRICT, KARNATAKA - 577 598. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010468562026 NC: 2026:KHC:36869 WP No. 21050 of 2026 3. THE MUNICIPAL COMMISSIONER (POURAYUKTA), CITY MUNICIPAL COUNCIL, HIRIYUR, CHITRADURGA DISTRICT, KARNATAKA - 577 598. …RESPONDENTS (BY SMT.APARNA N., ADVOCATE FOR SMT.G.K.BHAVANA, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ENDORSEMENT BEARING NO. NASAHI/ITHARE/CR 04/2026-27 DATED 03-07-2026 ISSUED BY RESPONDENT NO.3 (ANNEXURE-C), AND ENDORSEMENT REFUSING PERMISSION TO THE PETITIONER TO CONDUCT THE CULTURAL PROGRAMME AT THE NEHRU MAIDAN, HIRIYUR, AS ILLEGAL, ARBITRARY AND VIOLATIVE OF ARTICLES 14, 19(1)(A), 19(1)(B) AND 29(1) OF THE CONSTITUTION OF INDIA AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to: (a) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the Endorsement bearing - 3 - HC-KAR CNR: KAHC010468562026 NC: 2026:KHC:36869 WP No. 21050 of 2026 No.NaSaHi/Ithare/CR:04/2026-27 dated 03-07-2026 issued by Respondent No.3 (Annexure-C), endorsement, refusing permission to the Petitioner to conduct the cultural programme at the Nehru Maidan, Hiriyur, as illegal, arbitrary and violative of Articles 14, 19(1)(a), 19(1)(b) and 29(1) of the Constitution of India; (b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent Nos.2 and 3 to consider the Petitioner's representation dated 07-07-2026 (Annexure-D) and to grant permission to the Petitioner to conduct the peaceful cultural programme of the Lambani community at the Nehru Maidan, Hiriyur, on 13-07-2026 between 10:00 a.m. and 5:00 p.m., with preparatory access on 12- 07-2026, subject to payment of the prescribed fee and such reasonable conditions as may lawfully be imposed, within such time as this Hon'ble Court may fix; (c) Declare that the Petitioner and the members of the Lambani community are entitled to fair, non-arbitrary and non- discriminatory consideration of their requests for user of public grounds vested in Respondent No. 2, on par with all other applicants; and (d) Grant such other and further reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” - 4 - HC-KAR CNR: KAHC010468562026 NC: 2026:KHC:36869 WP No. 21050 of 2026 2. The grievance of the petitioner is that the request made by the petitioner for holding a cultural programme at Nehru Maidan, Hiriyur, has been arbitrarily rejected by the respondents. Notice having been issued, learned counsel for the respondents submitted that the date on which the event was proposed to be held by the petitioner, the said Nehru Maidan was not available since a permission had been granted for holding of another event at the said location. 3. Learned counsel for the respondents submits that the said ground should be available on some of the dates after 28.07.2026 and until then, it is not available. 4. In that view of the matter, reserving liberty to the petitioner to approach respondent Nos.2 and 3 ascertaining when the said Nehru Maidan is available, make an application for conduct of such cultural programme on such date. If such an application is - 5 - HC-KAR CNR: KAHC010468562026 NC: 2026:KHC:36869 WP No. 21050 of 2026 made for a day on which the said Maidan is available, respondent Nos.2 and 3 are directed to consider the same favourably and pass necessary orders. 5. Petition is accordingly disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 26