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Judgment
The petitioners are office bearers/Members of Navajagran Public Sri Durgapuja Samithi, [a group of persons, which is referred as the Organization’]. The petitioners assert that this Organization is being permitted to erect Pandals for Durga Puja during Dasara for the last sixteen years as stated, and the second respondent has permitted the Organization even this year vide the Permission Letter dated 08.10.2026 [the Permission Letter]. The second respondent has permitted the Organization to use a portion of the Banappa Park Playground, Sampangiramanagar, Bengaluru [‘the portion of the Playground’].
The petitioner's grievance is with the permission being operative for the period between 17.10.2026 and 21.10.2026. Sri. Brijesh Patil, the learned counsel for the petitioners, submits that for the month of October 2024, the Organization was permitted to use the Playground only for the Puja duration without any time for preparation, but ultimately, a Division Bench of this Court, vide Judgment dated 04.10.2024 in the writ petition in W.P. No.27351/2024, has directed the permission to be operative even for preparation. The learned counsel emphasizes that after this order, for the next year, the Organization has been admitted to reasonable time to prepare the playground for such utilization but not this time. Sri. Pawan Kumar, a learned standing counsel who accepts notice for the respondents, is heard in the light of these circumstances.
The Division Bench's order dated 04.10.2024 in the afore petition reads as under:
“5.A perusal of the material on record including the aforesaid facts and circumstances will clearly indicate that it is an undisputed fact that the respondents have themselves granted permission in favour of the petitioners to perform pooja in the aforesaid premises from 09.10.2024 till 13.10.2024. It is needless to state that for the purpose of conducting/performing pooja during the aforesaid period, it would be necessary/essential to carry out preparatory work such as erection of pandal/rain proof shamiana, cleaning the place, building of solid stage with a platform/passage leading to the stage for the Navarathri Durga Pooja festivities etc., prior to 09.10.2024. Under these circumstances, we deem it just and appropriate to dispose of this petition directing the respondents to permit the petitioners to carry out the preparatory work such as erection of pandal/rain proof shamiana, cleaning the place, building of solid stage with a platform/passage leading to the stage for the Navarathri Durga Pooja festivities and do other acts, deeds and things for the purpose of preparation of Durga Pooja from 06.10.2024 till 08.10.2024, in accordance with law.”
This Court is of the view that it stands to reason that the Organization would need access to the portion of the Playground prior to the date scheduled for the beginning of Puja and the permission cannot be confined to the period during which the Puja is scheduled. The Organization is admitted permission from 17.10.2026, but if the Organization is permitted to use the portion of the Playground covered under the Permission Letter from 15.10.2026, it would serve the purposes of interest of justice especially with the learned counsel for the petitioners stating that the Organization has been informally permitted to access the portion of the playground covered under the Permission Letter. In the light of the afore, the following:
ORDER
[A] The petition is allowed.
[B] The second respondent is directed to permit the Organization to access the portion of the Playground covered under the Permission Letter dated 08.10.2026 for making necessary preparations for the Pujas to be scheduled from 17.10.2026 from 15.10.2026.
[C] This permission shall be made available immediately on a certified copy of this order being furnished.