Facts
The petitioners, office-bearers and members of Navajagran Public Sri Durgapuja Samithi, challenged the limited dates in a permission letter dated 8 October 2026 allowing the Samithi to use part of Bannappa Park Playground for Durga Puja from 17 to 21 October 2026.
Source reference: p. 4–6They sought access beforehand to erect a pandal and stage and undertake other preparations. The petitioners relied on a 4 October 2024 Division Bench order directing that preparatory work be permitted before the Puja period. The respondents appeared through standing counsel.
Source reference: p. 4–6Issues
1. Whether the Samithi should be permitted to access the portion of the playground before the Puja dates to undertake necessary preparations.
Source reference: p. 4–72. Whether access should be granted from 15 October 2026, notwithstanding that the permission letter authorised use from 17 October 2026.
Source reference: p. 7Law Applied
The petition was brought under Articles 226 and 227 of the Constitution.
Source reference: p. 3The Court relied on the Division Bench’s order in W.P. No. 27351/2024, which recognised that preparatory activities—such as erecting a pandal or rainproof shamiana, cleaning the site, and constructing a stage and passage—must be undertaken before the permitted Puja dates, and directed that such work be allowed in accordance with law.
Source reference: p. 5–6The Court applied the principle that permission to hold an event may reasonably include prior access necessary to prepare the authorised site.
Source reference: p. 7Reasoning
The Court considered the Samithi’s authorised use of the playground for the Puja and the practical need to complete preparations before 17 October.
Source reference: p. 7It found that restricting access to the Puja dates would not accommodate those preparations and that the reasoning of the 2024 Division Bench order supported allowing access beforehand. Given the stated informal access and the circumstances, the Court considered access from 15 October appropriate.
Source reference: p. 7Holding
The Court allowed the petition and directed the second respondent to permit the Samithi to access the portion of the playground covered by the 8 October 2026 permission letter from 15 October 2026 to make necessary preparations for the Puja scheduled from 17 October.
The permission was to be made available immediately upon production of a certified copy of the order.
Source reference: p. 7Original Court PDF
SRI. SHYMOL SANTRAvsCOMMISSIONER
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