IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION NO.46936 OF 2019 (GM-RES) BETWEEN:
J.S.W. Bengaluru Football Club Pvt Ltd. (Having registered Office at J.S.W Centre Bandra Kurla, Bandra East, Mumbai – 400051) 1st Floor, Bengaluru FIFA Goal Project Building, Bengaluru Football Stadium, Ashok Nagar Bengaluru – 560 025, Represented by its Head of Operations Sri.G.S.Srinivas Murthy Aged about 35 years.
... Petitioner (By Sri.Vinayaka B, Advocate) AND 1. State of Karnataka, Department of Youth Services and Sports, Vidhana Soudha, Bengaluru – 560 001, Represented by Additional Chief Secretary.
2. The Commissioner, Youth Empowerment and Sports, And Director General Sports Authority of Karnataka, Yavanika Building, Nrupathunga Road, Near Reserve Bank of India, Bengaluru, Karnataka – 560001.
(By Sri.Vijaykumar A Patil, AGA) ... Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the respondents to permit the petitioner to use Sree Kanterava Stadium dated 21.12.2011 on the basis of existing pay and use policy (Annexure-C) and etc.
This Writ Petition coming on for orders, this day, the Court made the following:
ORDER The learned Government Advocate is directed to take notice for respondents.
2. The petitioner in the above Writ Petition sought for issue a writ of mandamus and directing the respondents to permit the petitioner to use Sree Kanterava Stadium dated 21.12.2011 on the basis of existing pay and use policy (Annexure-C) and direct the 2nd respondent to consider the representation of the petitioner dated 08.08.2019 (Annexure-J) expeditiously.
3. Sri.Vijay Kumar A Patil, Learned Government Advocate brought to the notice of this Court that the interim order granted by this Court on 26.09.2019, wherein the respondents are directed to permit the use of the Stadium for holding the Football Matches for this Season – i.e., October, 2019 to June, 2020 on provisional basis subject to payment of the charges, which may be determined by the respondents. In addition, respondents shall be at liberty to impose such conditions, which it may deem reasonable.
4. The said submission is placed on record.
5. Both learned counsel appearing for the petitioner and respondents fairly submit that the event of Football Matches is already been started and the same will go on till June, 2020. Admittedly, the interim order passed by this Court dated 26.09.2019 not challenged by the State.
6. In view of the above interim order granted by this Court, it is nothing but a granting of main relief. Accordingly, Writ Petition is disposed off permitting the petitioner to use of the Stadium for holding the Football Matches for this Season i.e., October, 2019 to June, 2020. If any subsequent permission, it is for the Government to take appropriate action to pass appropriate order in accordance with law.
Accordingly, Writ Petition is disposed off.
SD/- JUDGE NBM