SANTOSH A vs ASSISTANT EXECUTIVE ENGINEER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61947
WP No. 34591 of 2026
CNR: KAHC010765852026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 34591 OF 2026 (LB-BMP)
BETWEEN:
SANTOSH A
S/O ARMUGAM (LATE)
AGED ABOUT 36 YEARS,
R/AT 19/1, 1ST CROSS,
PRAKASHNAGAR,
2ND MAIN ROAD, SRIRAMPURAM POST,
BENGALURU-560021.
…PETITIONER
(BY SRI. MANOJ KUMAR V..,ADVOCATE)
AND:
1. ASSISTANT EXECUTIVE ENGINEER
B.B.M.P, NOW GBA,
SRI. RAMAMANDIRA SUB DIVISION,
BENGALURU WEST,
OFFICE AT NO.4, 1ST FLOOR,
SIR. M. VISHWESHWARAIAH
COMMERCIAL COMPLEX,
RAJAJINAGAR, BENGALURU-560010.
(REPRESENTED BY H.C.G.P).
2. COMMISSIONER OF GBA, (B.B.M.P)
WEST ZONE
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
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WP No. 34591 of 2026
CNR: KAHC010765852026
JOINT COMMISSIONER BUILDING
OPPOSITE TO MANTRI MALL,
SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU 560003.
(REPRESENTED BY H.C.G.P).
3. CHIEF COMMMISSIONER OF GBA (B.B.M.P)
CORPORATION HEAD OFFICE,
HUDSON CIRCLE,
N.R. SQUARE, OPP TO
HALSURU GATE POLICE STATION,
BENGALURU 560002.
(REPRESENTED BY H.C.G.P).
…RESPONDENTS
(BY SRI.PAWAN KUMAR., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1, 2 AND 3 TO ALLOW THE PETITIONER
TO ORGANIZE THE CRICKET TOURNAMENT ON
05.11.2026 AND 06.11.2026; DIRECT THE R-1, 2 AND 3
TO RESTRAIN OTHER MERCHANTS TO INSTALL THE
STALLS TO SELL THE FIR CRACKERS FOR DIWALI
FESTIVAL UNTIL ON 05.11.2026 AND 06.11.2026.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR
NC: 2026:KHC:61947
WP No. 34591 of 2026
CNR: KAHC010765852026
ORAL ORDER
The petitioner has made a brave request for
permission to organize a cricket event [ a Tournament ]
with participants from across the State and his
decision is rather vindicated with the first respondent
permitting the Tournament to be held at “ Sri Rama
Mandira Playground ”, Rajajinagar [“ Maidan ”] on
05.11.2026 and 06.11.2026. The petitioner has
remitted the prescribed fee and secured other
approvals and permissions. However, before the
Tournament is concluded, the first respondent has
served the petitioner with the Endorsement dated
03.11.2026 [ Annexure-C ] withdrawing the permission,
and this constitutes the cause for the present
petition.
2. Sri. Manoj Kumar V, the learned counsel
for the petitioner, submits that the first respondent is
arbitrary in issuing the impugned Endorsement
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WP No. 34591 of 2026
CNR: KAHC010765852026
dated 03.11.2026 and in serving the same on the
petitioner when the Tournament was underway on
05.11.2026. The learned counsel, imploring this
Court not to prioritize arbitrariness over an
opportunity to the keen participants from the State in
the Tournament, submits that this Court could
consider directing the first respondent,
notwithstanding the impugned Endorsement, to
permit the petitioner to hold the Tournament today
and tomorrow, with the petitioner undertaking to
ensure that he will hand over the Maidan to the first
respondent at the scheduled hour.
3. Sri Pawan Kumar, a learned Standing
Counsel for the respondents, submits that the first
respondent's decision to withdraw the permission is
because [a] the petitioner wanted an extension to
have the use of the Maidan even on 07.11.2026 and
[b] in terms of the SOP issued by the office of the
Commissioner, Greater Bengaluru Authority, the
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Maidan will have to be handed over on 07.11.2026 to
those who will have to install their stalls for sale of
firecrackers. The learned Standing Counsel
emphasizes that the SOP was not issued on
29.10.2026 when permission was granted.
4. In response, Sri Manoj Kumar V is
categorical in stating that [a] all the arrangements,
including the arrangements to continue the
Tournament through the night today [06.11.2026]
and until 10pm in the evening tomorrow
[07.11.2026], are made, [b] the arrangements made
include the necessary Flood Light Arrangement, [c]
the petitioner would undoubtedly conclude the
Tournament by 10pm in the evening tomorrow
[07.11.2026] and leave the Flood Light arrangement
to continue so that the first respondent could, after
10pm in the evening, permit the firecracker vendors
to enter the Maidan and make arrangements for
installation of their stalls.
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5. These circumstances are considered, and
this Court must observe that the first respondent
could have been more reasonable in handling the
situation presented, with the office of the
Commissioner publishing SOP for sale of firecrackers
and the petitioner’s request, even if there was one.
The first respondent's failure to be reasonable has
presented the petitioner, who was in the midst of the
Tournament, to call off the same and knock this
Court's doors.
6. This Court is essentially called upon to
decide on whether it should be cricket or crackers
because of the first respondent’s failure to be more
reasonable; and this Court opines that both could be,
if the first respondent is reasonable and the
petitioner adheres to the statements made before this
Court viz., the Tournament would be completed by
10pm tomorrow [07.11.2026] and the Flood Light
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arrangement put in place would be continued at his
cost, to be until the early hours of 08.11.2026. This
Court has taken note of the petitioner's case that he
has got participants from all over Karnataka and was
in the midst of the tournament. Hence the following,
ORDER
The petition stands disposed of directing
the first respondent, notwithstanding the
Endorsement dated 03.11.2026, to permit the
petitioner to continue with the Tournament till
10pm on 07.11.2026 subject to the following
conditions:
[A] The petitioner shall ensure that the
Tournament is over before 10pm on
07.11.2026.
[B] The petitioner shall ensure that the
Floodlight arrangement in the Maidan, if
the Tournament is continued on
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07.11.2026 is continued at his cost till the
early hours of 08.11.2026.
[C] The first respondent shall not insist on any
further payments from the petitioner and
the petitioner shall be entitled to commence
the event from this moment without waiting
for the orders of this Court.
Sd/-
(B M SHYAM PRASAD)
JUDGE
nv