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Judgment
R. Nataraj, J
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. ಶಿ.ಮ.ಪಾ.ಕಂಶಾ/ಸಿ.ಆರ್ 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dated 06.11.2025 passed by the respondent No.1 by which the No Objection granted to the petitioners was withdrawn.
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.
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 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 It is submitted that the said writ petition is now withdrawn and there is no impediment for the respondent No.1 to permit the petitioners to continue the circus and the amusement park.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.
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 permitting the petitioners from running the circus and the amusement park in the premises.
I have considered the contentions of the learned counsel for the petitioners and the learned counsel for respondent No.1.
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.
In view of the above, the writ petitions are allowed. The order passed by the respondent No.1 bearing No. ಶಿ.ಮ.ಪಾ.ಕಂಶಾ/ಸಿ.ಆರ್ 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.
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.