BENGALURU: The Dharwad bench of the Karnataka high court on Tuesday refused to grant any interim order against the Hubballi- Dharwad Municipal Corporation (HDMC) vis-a- via in the matter of installation of Ganesha idols and holding religious and cultural activities at the Idgah Maidan in northern city of Hubballi.
Justice Ashok S Kinagi passed this order after holding a special sitting to consider the petition filed by Anjuman- E- Islam. The judge held the sitting thrice, the last one ending at about 11.40 pm.
The judge noted that in 1992 at the high court and in January 2010 the Supreme court, the civil dispute regarding the said land had attained finality and it was held that the title vests with HDMC, the civic body.
Justice Kinagi further noted that HDMC is the owner of the property and the civic body can exercise power under section 176 of KMC Act vis-a-vis it's property.
He further noted that land in question is not declared as a place of worship and no documents were produced in support of petitioner's contention.
As regards to Supreme court's interim order in Chamarajpet case, the judge pointed out that case stands on a different footing as there was a serious title dispute.
The petitioners moved the matter again and requested the court to consider the Supreme Court's status quo order in Chamarajpet Idgah matter.
The counsel for the petitioners submitted that it has been decided to hold Ganesha festival at Hubballi Idgah Maidan only in view of changed circumstances. It was argued that under Section 3 of Places of Worship Act 1991, there is a bar convert places of worship and for the first time a Hindu outfit install Ganesha idol there.
On the other hand, senior advocate Dhyan Chinnappa argued that the Hubballi Idgah matter stands on a different footing.
According to him, the title of the land in Hubballi Idgah vests with the HDMC and the same is settled issue now and added that petitioners are not at all in possession of the property.
He said that the Muslim community was allowed to offer prayers on Ramzan and Bakrid and other activities like jathras / shanties are also allowed .
The court was also informed that the Commissioner has passed the order allowing Ganesha festival at the Maidan after the interim order passed by the court earlier in the day.
Anjuman-E-Islam had moved the court seeking for restraining the authorities from granting permission for installation of Ganesha idol and cultural and religious activities at the maidan.
