AI Structured Summary
Not yet generated for this judgment
Judgment
Challenging the action of respondent No.5 in restraining the petitioner and his association, i.e., Kesari Hanuman Youth Association from installing Ganesh Idol and Pandal in the open Government land behind H.No.13-4-680/1 of Panchabhai Alawa, Karwan, Hyderabad, this Writ Petition has been filed.
Learned counsel for the petitioner submitted that the subject land in which Ganesh Pandal is proposed to be erected is Government land and the petitioner and his association have been installing Ganesh Pandal in the said site for the past 40 years and there has been no objection whatsoever from any person so far. It is submitted that respondents 6 and 7 have purportedly raised an objection thereto this year and therefore, the respondent police are restraining the petitioner from erection of the Ganesh Pandal without any justifiable reason. He also filed a copy of the document in respect of the subject land and submitted that the proposed land is the neighbouring land of respondents 6 and 7 and it is behind their house and therefore, there cannot be any disturbance also to the residents of respondents 6 and 7 in approaching their house and hence cannot have any objection to the same.
Learned Assistant Government Pleader for Home, on oral instructions, submitted that there was severe altercation between the parties in the locality in the month of May, 2026 when the petitioner and his association were trying to erect permanent Pandal in the said site and two cases were registered under FIR Nos.213 of 2026 and 212 of 2026 and submitted that therefore, there is a serious dispute with regard to the subject land. He also produced a copy of the letter addressed to Hydraa for protection of the subject property.
Learned counsel for the petitioner submitted that the petitioner is ready to give an undertaking that Ganesh Pandal will be only temporary for the period of celebration of Ganesh Chaturthi and the premises shall be vacated immediately thereafter and the petitioner and his association shall also maintain sound within the permitted decibel levels.
Subject to the undertaking given by the petitioner that Ganesh Pandal will be only temporary for the period of celebration of Ganesh Chaturthi and the petitioner and his association shall vacate the premises immediately thereafter and shall also maintain sound within the permitted decibel levels, the respondent police shall allow the petitioner and his association to erect the Ganesh Pandal in the subject land.
The Writ Petition is accordingly disposed of. No order as to costs.
Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.