Justice Ashok S Kinagi heard the case in chambers at 10 pm and passed the order after noting that the land in question belongs to the Hubli Dharwad Municipal Corporation (respondent).
“It is not in dispute that property belongs to respondent. Petitioner is admitted the title of respondent. From the perusal of the judgment (in a title suit), it is clear that respondent is owner of the property. The petitioner is the licencee and permitted to use (the land) only on two occasions,” the Court said in its order passed at 11.30 pm.
Since property is of the respondent and is being used for carrying out regular activities and has not been declared as a place of worship, no status quo can be granted with respect to the same, the Court held.
Thus, the Court negatived the contention of the petitioners who had sought to draw parallels to the Bengaluru Idgah with respect to which the Supreme Court had ordered earlier today that no Ganesh Chaturthi festivities should be conducted till the title of the land is settled.
Earlier in the day, Justice Kinagi had allowed the Municipal Commissioner to consider the applications received for installation of Ganesha Idol, holding religious and cultural activities in the property in question for a limited period.
The single-judge had passed the order in view of a similar order passed by a division bench of the High Court with respect to Bengaluru Idgah.
However, the single-judge had noted that an appeal against the division bench order was slated to be heard by the Supreme Court.
The single-judge had, therefore, granted liberty to the petitioners to mention the matter again in the event of the Supreme Court passing an order.
The Supreme Court had subsequently ordered status quo with respect to Bengaluru Idgah.
The petitioners in the present case then mentioned the matter upon which the single-judge listed it for hearing in chambers at 10 pm.
Source: Barandbench
