WP/26398/2006 of The Senior President, Vs The Commissioner, on 22 December 2006

ORDER:

THE HON’BLE SRI JUSTICE P.S.NARAYANA

WRIT PETITION No.26398 of 2006

The matter came up for admission on 20.12.2006. Sri Ghanta Rama Rao hadtaken notice and requested time to get instructions and that is how, the matter isappearing in the list today.

The matter is coming up for admission. The Senior President, Sri Guru SinghSabha, Gurudwara Ashok Nagar, Hyderabad, filed the present Writ Petition for a Writ ofMandamus directing the respondents to provide NTR Stadium situated opposite to IndiraPark, Lower Tank Bund, Hyderabad, for the purpose of holding Kirtan (Prayer) by thepetitioner on 10.02.2007, and to pass such other suitable orders.

The letter issued by respondent No.2, dated 04.12.2006, inLr.No.843/PG/SI/MCH/2006/1275, reads as hereunder:- The President, Sri Guru Singh Sabha, Ashok Bazar, Hyderabad videreference 2[nd] cited has requested to provide N.T.R. Stadium on 10[th] February –2007 for Religious Function only Kirtan (Prayer).

It is to inform that as per the Judgment of the Hon’ble High Court of A.P.vide reference 1[st] cited, wherein the Hon’ble High Court has directed in the Orderthat the “MCH will not permit the NTR stadium to be used for the purpose ofHolding Meetings, Dharnas, Picketing etc., and using Loud Speakers withAmplifiers disturbing peace of the locality”.

In view of the above directions of the Hon’ble High Court of A.P., ThePresident, Sri Guru Singh Sabha, Ashok Bazar, Hyderabad is hereby informedthat the NTR Stadium cannot be provided to organize a Religious Function i.e.,Kirtan (Prayer) on 10[th] February –2007.”

Several factual details are narrated in para Nos.2 to 7 in the affidavit filed insupport of the Writ Petition. The Order made in W.P.No.21166 of 2005, dated 02.11.2005,also is placed before this Court. The said Writ Petition was disposed of with the following directions:- “a) The respondents shall permit the petitioner to hold kirtans on the eve ofGurunanak Devji Jayanthi celebrations on 15[th] November, 2005 from 9.00 a.m., to3-00 p.m., at N.T.R. Stadium, opposite to Indira park subject to the followingconditions:

b) The writ petitioner shall provide adequate parking place as well as basicamenities to the persons who attend kirtans:

c) The sound level of kirtans shall be maintained in such a manner as not todisturb the local residents.

d) There shall be no order as to costs.”

In the light of the facts and circumstances well explained and also in the light of thedirections issued by this Court in W.P.No.21166 of 2005, dated 02.11.2005, this Court isof the considered opinion that the present Writ Petition be disposed of directing therespondents to consider the request of the petitioner to provide N.T.R. Stadium situatedopposite to Indira Park, Lower Tank Bund, Hyderabad, for the purpose of holding Kirtan(Prayer) by the petitioner on 10.02.2007, subject to such conditions which may beimposed in this regard taking into consideration the facts and circumstances at an earlydate, preferably, within a period of one week from the date of receipt of a copy of thisorder.

The Writ Petition is disposed of accordingly. No order as to costs.

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(P.S.NARAYANA, J)