NARENDRA MARTAND VYAVAHARE, TRUSTEE Vs. DEVELOPMENT ENGINEER, (SEWAGE OPERATION), PUNE MUNICIPAL CORPORATION, PUNE

JUDGEMENT

(1.) This petition is filed by the petitioners praying for an issuance of a writ of mandamus directing the Pune Municipal Corporation, respondent No. 1 herein, not to make any expenditure on cultural activities, unless and until all the statutorily imperative duties imposed upon the Corporation are completely and satisfactorily discharged by the Corporation. A prayer is also made directing the respondent-Corporation and the Municipal Commissioner to allot places belonging to the Municipal Corporation, viz. , the ground opposite to Shaniwarwada, Yashwantrao Chavan Natya Gruha, Balgandharv Rang Mandir, Ganesh Kala Krida Kendra and Baburao Sanas Sports Ground, only by conducting public auction and by giving them to the person offering highest bid. Other prayers have also been made.

(2.) The case of the petitioners is that petitioner No. 1 is a public charitable trust. It conducts cultural activities on large scale during Ganesh Utsav. At Pune, there are certain grounds belonging to the Corporation. Only at those places, such cultural activities are possible on large scale. For the year 2002-03, the petitioners were permitted to use a ground opposite to Shaniwarwada for four days. As against that, respondent No. 3, another public trust, was allowed use of Ganesh Kala Krida Kendra, Balgandharv Rang Mandir and Yashwantrao Chavan Natya Gruha by showing favourable treatment towards the said respondent.

(3.) The petitioners have stated that for the year 2003-04, i. e. , for current year, Ganesh Utsav will start by the end of August, 2003. For allotment of Balgandharv Rang Mandir and Ganesh Kala Krida Kendra, rules have been framed by the Corporation. For other three places, however, no such rules have been framed. According to the petitioners, they made an application to the Municipal Commissioner, respondent No. 2 herein, requesting for allotment of Ganesh Kala Krida Kendra for cultural activities. A similar application was made for the ground opposite to Shaniwarwada. The said application was made to respondent No. 4, Officer-in-charge, Central Archeological Department. The Development Engineer (Sewerage Operation) , respondent No. 5 herein, informed the petitioners on June 19, 2003 that the request of the petitioners for allotting the ground opposite to Shaniwarwada cannot be acceded to. No particulars, however, had been stated in the said letter. It was also not made clear as to when and in whose favour, the reservation was made. For other two places, viz. , Ganesh Kala Krida Kendra and Balgandharv Rang Mandir, nothing was mentioned. The petitioners also requested the Commissioner to give the Baburao Sanas Sports Ground, but no reply was given by the respondent. The petitioners, therefore, are constrained to approach this Court.