In a late-night listening to on Tuesday, the Karnataka Excessive Court docket upheld an order of the Dharwad municipal commissioner permitting the Ganesh Chaturthi pageant to be held on the Hubballi Idgah maidan.
Justice Ashok S Kinagi held that the property belonged to the Dharwad municipality and Anjuman-e-Islam was solely a lease holder for a interval of 999 years at a price of Re 1 per yr.
The court docket had heard the difficulty earlier within the day. The municipal commissioner’s order was challenged within the court docket by Anjuman-e-Islam. The court docket had allowed the commissioner’s order however on the identical time, the Supreme Court docket was listening to the difficulty of the pageant being allowed on the Chamrajpet Idgah maidan in Bengaluru.
Anjuman-e-Islam had claimed that the property in query was protected below the Locations of Worship Act, 1991, which says no spiritual place of worship will be transformed. The excessive court docket stated within the case of the property in query, it was not a non secular place of worship and was allowed for prayers solely throughout Bakrid and Ramzan. Throughout different occasions, it was used for functions like a market and a car parking zone.
The Supreme Court docket order of establishment within the Bengaluru Chamrajpet floor was additionally not relevant to this case, the excessive court docket stated.
The Chamrajpet concern entails a dispute in regards to the possession of the property, whereas the Hubballi floor belongs to the municipality, which Anjuman-e-Islam has additionally acknowledged, the court docket identified.
It had stated if there was a Supreme Court docket order on the Benglauru Idgah concern, the identical might be talked about earlier than it.
The apex court docket ordered for establishment within the Bengaluru concern and the Ganesh Chaturthi pageant set to be celebrated by the state authorities needed to be withheld.
The matter was talked about within the Hubballi case. Justice Kinagi heard the matter at his official chamber at 10 pm. After listening to the events, together with the state authorities advocate, he dictated the orders at 11.15 pm.
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