SANIL GEORGE Vs. COMMISSIONER SHIVAMOGGA MAHANAGARA PALIKE

JUDGEMENT

(1.) The petitioners in W.P. No.34608/2025 and W.P. No.34600/2025 have sought for a writ in the nature of mandamus to direct respondent No. 1 to permit him to conduct the circus and the amusement park respectively at Municipal Corporation ground near Government Bus Stand Milaghatta, Shivamogga City for a period of 38 days and 62 days respectively. They have also sought for a writ in the nature of mandamus to direct respondent No. 2 to permit the petitioner to conduct the circus and the amusement park in the afore-stated place and have sought for quashing the order bearing No.[xxxxxxxxxxxxxx] 43-E:158816/155822/2025-26 dtd. 6/11/2025 passed by the respondent No.1 by which the No Objection granted to the petitioners was withdrawn.

(2.) The petitioners claim that they were permitted by respondent No.1 to conduct a circus and an amusement park in terms of a communication dtd. 17/10/2025 and 18/10/2025 respectively. They claim that they have paid a sum of Rs.2,52,620.00 and Rs.5,00,245.00 respectively for the aforesaid purpose. They claim that they have already taken necessary steps for conducting the circus and the amusement park and that activities are on. In the meanwhile, the respondent No.1 has issued the impugned order withdrawing the No Objection granted to the petitioners on the ground that an interim order was granted by this Court in W.P. Nos.23448/2023 and 22808/2023. The petitioners are therefore before this Court challenging the said order.

(3.) Learned counsel for the petitioners submits that the petitioners are granted permission for over a month to conduct a circus and the amusement park in the aforementioned space belonging to the respondent No.1 and that the petitioners have paid a sum of Rs.2,52,620.00 and Rs.5,00,245.00 respectively for the aforesaid purpose. They submit that in the meanwhile, some stranger had filed a writ petition before this Court in WP No.23448/2023 where there was an order not to run any exhibition or amusement park at the Corporation ground. It is submitted that the said writ petition is now withdrawn and there is no impediment for the respondent No.1 to permit the petitioners to continue the circus and the amusement park. Thus, they pray that the impugned order/s passed by respondent No.1 be set aside and the petitioners be granted permission to run the circus and the amusement park for a period of 38 and 62 days respectively from today.