Ganeshotsav to go on at Hubballi Idgah maidan after Karnataka HC rejects plea

The Dharwad bench of the High Court on Tuesday refused to stay the proceedings initiated by the Commissioner of Hubballi-Dharwad Municipal Corporation (HDMC) permitting installation of Ganesha Idol at Idgah Maidan. Justice Ashok S Kinagi passed the order in a late night proceeding held after the matter was moved by the petitioner, Anjuman-E-Islam.

The court pointed out that the Idgah Maidan land in Hubballi belongs to the HDMC and that several rounds of litigation have reached finality. The court noted that with High Court (1992) and Supreme Court (2010) disposing of the matter, the civil dispute with regard to the land has attained finality. Justice Ashok Kinagi said that under these circumstances HDMC is the owner of the property and hence it can exercise powers under the provisions of the Karnataka Municipal Corporations (KMC) Act.

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Earlier in the day, in an interim order the court had permitted the Commissioner of HDMC to consider the applications before him seeking permission for installation of Ganesha Idol, holding religious and cultural activities for a limited period. Since the court had the division bench’s order before it in the Chamarajpet Idgah Maidan matter, the judge had reserved liberty to the petitioner to mention in case the apex court passes any order in the Chamarajpet matter.

The petitioners moved the matter since the apex court has passed an order of status quo in the Chamarajpet case. The petitioners requested the court to consider the top court order in the Hubballi Maidan matter as well. On other hand, appearing for the government, senior advocate Dhyan Chinnappa submitted that the Hubballi Idgah matter is completely on a different footing since the title of the land vests in the HDMC. He said that the title in Hubballi Idgah land is a settled issue and the petitioners are not in possession of the property.

He submitted that the land was leased and the Muslim community was allowed to offer prayer on Ramzan and Bakrid. He also claimed that other activities like jathras/shanties are also allowed on the land. It was also informed that after the court passed an interim order on Tuesday, the Commissioner HDMC has passed the order allowing Ganesha festival at the Maidan.