HIGlj COURT OF CHHATHSGARH, BILASPUR CORAM: Hon’ble Shri Ra'eevG t C.J. & HW on’ble Shri Sunil Ku ar Sinha J. Writ Petition No.179g005 Moiz Hussain and others Vs. r State of Chhattisgarh and another ORQER ,.A~V%Ms;deia&‘wrf Sd/_ ; ‘ Sunii Kumar Sinha Judge vEVV¥ ‘x \_.,_.r, R,‘ N HON’BLE SHRI JUSTICE RAJEEV GUPTA 3 W /’ Sd/— chief Justice Pést for Order :2r/08/2gqds_# ' W r SUNIL KUMAR SINHA{ Judge x5 ' ;n“I HIGH COURT OF CHHATTISGARH, BILASPUR CORAM: HON’BLE SHRI RAJEEV GUPT G.J. & HON’BLE SHRI SUNIL KUMAR SIN&, J. WRIT PETITION NOAH/2005 1 Moiz Hussain, son of Shri Saifuddin Sam, aged about 4O years, resident of Hari Santosh Bhawan, Sati Bazar, Raipur (C.G.) 2 Chintamani Padamwar, son of Shri LR. Padamwar, aged about 36 years, resident of Awadhiya Para, Raipur(C.G.) ‘ 3 Vidhan Jaiswal, son of Shri Ramlal Jaiswal, aged about 19 years, resident of Budhapara, Near Karamchari Bhawan, Raipur (C.G.) Versus RESPONDENTS 1. State of Chhattisgarh, Through the Secretary, Department of Local Self Government and/or Secretary, Ministry of Sports and Youth Affairs, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 2. The Raipur Municipal Corporation, through the Commissioner, Municipai' Corporation, Malviya Road, Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 & 227 OF THE CONSTITUTION ' OF INDIA Aggearance: _ Mr. B.P. Sharma and Shri Kshitij Sharma, Counsel for the petitioners. Mr. V.V.S. Murthy, Dy. Advocate General with Mr. Akhil Agarwal, Panel Lawyer for the State/respondent No.1. Mr. Sanjay K. Agarwal, Counsel for respondent‘NoQ. ~ 2 W.P. No.179/2005 ORDER (21.08.2009) The following order of the Court was delivered by Sunil Kumar Sinha, J. (1) The petitioners have filed this petition, styled as “Public Interest Litigation” for issuance of prohibitory order regarding allotment of the playgrounds, particularly the play ground of Madhavrao Sapre School, Raipur for other activities than the sports activities to any organization. r They have contended'that such playgrounds, particularly the playground of Madhavrao Sapre School has been frequently allotted by respondent No.2 to various persons/organizations for carrying out their activities, which were not the activities relating to sports. (2) Respondent No.2 hastiled its return. lt has contended that the playgrounds of the schools can be permitted to be used for cultural/social and religious functions; subject to certain conditions imposed by the competent authorities. They have relied on the Circular dated 13‘“ of August 1998 issued in this regard by the erstwhile State of Madhya Pradesh. The copy of the circular has been annexed as Annexure R-1. (3) Mr. B.P. Sharma and Mr. Kshitij Sharma, learned counsel appearing on behalf of the petitioners argued that the playground of the concerned school is allotted haphazardly, due to which,'the people at large are facing great difficulties. They have drawn the attention of this Court towards various newspaper clippings as also the previous allotment orders issued in regard to the playground by the concerned authorities. ln fact, such orders have been annexed by respondent No.2 itself along with their return. ,\\ \ _\§ \ @ 3 W.P. N0. 179/2005 (4) Mr. Sanjay K. Agarwal, learned counsel appearing on behalf of respondent No.2 argued that they always grant permission to the concerned persons/organizations following the guidelines contained in Circular dated 13‘“ of August 1998.He also referred to a subsequent circular. The circular dated 13’“ of August 1998 reads as under : “Hausa mm mgr m mm mm, W 13 aim, 1998 W wzs—is/gnl’r—a/illa— W1 mm gm sir mm at W arm mmawrhmammmmwaswwwa‘ wwwaségmwmmms— (r5) WW(W,W,WW,W,WW)%§ (mind (2) wwwsmwdaiw wadm‘lmz mama WWW ‘Wmamaww mmnm—WWWw #mwsml. (a) w: wmm$mm$mm X (a) whaamarfam: mwnmmmm mwsmnwm mmnm—Wwmws mwaml (a) W3 im‘wa‘éimmmmhgnm WWWWWI (W) W: Wmm,maim wailmalmaiamral‘ramal (a) W: wwmmmwm Hammaslamamanaa WI § gCy 2o. 328cm §&wn§ag*§ g Q 3g awsag? §§&§§§§%§. §§_§§§$§.§i wwgaégga—aQg §~8paa8ag§uamqg Q3 .agwzmaamgmgmg 3:. gdmg'ggg. §§E%%f §%§£§§§§ agggwgg &§%w%i§§m§ %_ V avgaagwmaiamwéaLajgwa§§g§ §z&§§%&§§ai&§ _§a§& §.§a$a§§a:§§§%§§g§g; gawwgmwézwJQif , . $ §$§x§,§§§%a§%%~%§ $§§§§§§§¢§%§_§§§§§§& E|§‘§§£§I§$§%\§m§%mw§a§$§ §&§a§§§_ av§Q§mm§s§§a§$§§§§g§ §\w§§&&§_ _ av§§§\§.§§&%§a§¢§z% §Q§&§§i%&g¢§§%$a§mg§§% gag _ a? gm$wa 3&8 gwa$§£m~w43¢a§§~ $2. ggmz. em». £3“: 5 W.P. N0. 179/2005 The subsequent circular reads as under:— 'mw Wwm W:—mamw¢mmm%gmmWml Em 13W ff W 8m Mia? w.2&—19/97/2%~3/€m, mm 13—8—1998 Vq" mm W 24—94998 am W Wgm a?! W WWWW$W$wWmWWW mm#ww$rmwm%wmw#mm m/mgmm$wv¥a§wm,mmi#w—WMW m mW$mw}Wmw%l mmwimmwmm$mmm$%$ Wawm$mm$w#wwm%w%w$w Wmwwmmammvm,mm $mfmm (5) Be that as it may, since there are already circulars issued by the Government and reamed counsei for respondent No.2 has contended that they are fotlowing the circutars in the matter of granting such permissions, we deem it appropriate to dispose of this petition at this stage with the observation that any permission in regard to the premises mentioned in the above circutars shall be subject to the terms and conditions contained in those circutars (Annexure R-1 ). (6) With the above observations, this writ petition stands tinaily disposed of. Sd/— I SUNH. KUMAR SINHA Judge ‘ 5d]- Chief Justice shyna t ’u‘ t