HC refuses to stay Ganeshotsav in Hubballi on Muslim plea
K'taka HC rejects plea seeking a la Supreme Court relief. 'There's no dispute about the title'
Dharwad: The Dharwad Bench of Karnataka High Court on late Tuesday night negatived the plea of Muslim petitioners who sought to draw parallels to the Bengaluru Idgah Maidan with respect to Supreme Court’s order saying no to Ganeshotsav till the title of the land is settled.
Hearing the case in his chamber at 10 pm, Justice Ashok S Kinagi allowed Ganesh Chaturthi celebrations at Hubballi Idgah after noting that the land in question belongs to the Hubli-Dharwad Municipal Corporation (HDMC).
“It is not in dispute that property belongs to the respondent. Petitioner is admitted the title of respondent. From the perusal of the judgment (in a title suit), it is clear that the respondent is the owner of the property. The petitioner is the licensee and permitted to use (the land) only on two occasions,” the Court said in its order passed at 11.30 pm.
Since it is HDMC’s property which is being used for carrying out regular activities and has not been declared as a place of worship, no status quo can be granted with respect to the same, the Court ruled.
On the other hand, the Supreme Court remanded a similar case pertaining to Ganeshotsav at Bengaluru’s Idgah Maidan, observing that the title of the land is unsettled.
When the matter taken up by Justice Kinagi, the Muslim petitioners sought relief in their plea in the backdrop of the Supreme Court’s interim order.
The HDMC, however, distinguished the case from Bengaluru Idgah Maidan. “There’s no dispute about the title? So, facts are different,” the judge asked. “Absolutely no dispute. They only had possessions.”