Madhya Pradesh High Court

Withdrawal of administrative permission for religious fair without hearing violates principles of natural justice and legitimate expectation.

Waqf Karbala Intejamiya Committe Through President Abdul Hamid Niyargar vs The State Of Madhya Pradesh

Madhya Pradesh High CourtJUDGMENT: June 26, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, representing a committee that traditionally organizes a Taazia procession and religious fair (Mela) at Dhobi Ghat, Indore, applied for permission for the year 2026 on June 3, 2026.

Source reference: para. 5, 11

On June 25, 2026, the Municipal Corporation granted permission subject to a fee of Rs. 1,36,007/- for a three-day event starting June 26, 2026.

Source reference: para. 5

On the night of June 25, 2026, the Mayor-in-Council (MIC) passed a resolution withdrawing this permission, citing alleged non-compliance with conditions and unpaid fees from the previous year, as well as public opposition.

Source reference: para. 5, 8

The petitioner challenged this withdrawal as a violation of natural justice and personal liberty, asserting that all previous dues were cleared.

Source reference: para. 7
02

Issues

1. Whether the Mayor-in-Council could legally withdraw a granted permission without providing an opportunity of hearing to the petitioner.

Source reference: para. 7

2. Whether the sudden withdrawal of permission on the eve of the event violates the principle of legitimate expectation and procedural fairness.

Source reference: para. 11, 14
03

Law Applied

Principles of Natural Justice, specifically audi alteram partem (the right to be heard).

Source reference: para. 7

Doctrine of Legitimate Expectation.

Source reference: para. 14

Administrative decisions causing prejudice to a party must follow a fair decision-making process.

Source reference: para. 11

Title of Land is distinct from the Validity of Administrative Permission.

Source reference: para. 13
04

Reasoning

The Court noted that the permission granted by the competent officer on June 25, 2026, explicitly recognized the event as a "traditional fair" and contained no mention of past violations.

Source reference: para. 10

The MIC’s decision to cancel this permission at 8:15 P.M. on the eve of the event—without any notice or hearing—was deemed administratively improper.

Source reference: para. 11

The Court found that the petitioner had a legitimate expectation to proceed once permission was issued and fees were set, especially since the Mela had already commenced by the time the petitioner learned of the cancellation.

Source reference: para. 11, 14

The Court rejected the respondent's reliance on a 2024 appellate judgment regarding land title, concluding that title disputes do not justify the arbitrary withdrawal of a validly issued administrative permit without due process.

Source reference: para. 13
05

Holding

The Court allowed the petition and quashed the Mayor-in-Council’s resolution dated June 25, 2026 (Annexure P/7).

The original permission (Annexure P/6) was revived for the current year.

Source reference: para. 15

The Court issued mandatory directions: (i) the petitioner must apply for permission at least 2.5 months in advance, and (ii) the Municipal Corporation must decide on such applications at least 30 days before the event.

Source reference: para. 16

The Court clarified it was not deciding the permanent right to hold the Mela, but only the validity of the permission for 2026.

Source reference: para. 17
Madhya Pradesh High Court

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Waqf Karbala Intejamiya Committe Through President Abdul Hamid NiyargarvsThe State Of Madhya Pradesh

Madhya Pradesh High Court · June 26, 2026

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