Madhya Pradesh High Court
Mohd Kareem vs State Of M.P. on 21 September, 2022
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 21 st OF SEPTEMBER, 2022
WRIT PETITION No. 24876 of 2019
BETWEEN:-
MOHD KAREEM S/O SHRI ABDUL RAHMAN, AGED
ABOUT 65 YEARS, OCCUPATION: EX PRESIDENT
MUNICIPALITY NEAR BASARI GATE DIST
CHHATARPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAJMANI MISHRA - ADVOCATE)
AND
1. STATE OF M.P. THROUGH ITS PRINCIPAL
SECRETARY DEPARTMENT OF PUBLICE
ADMINISTRATION VALLABH BHAWAN
(MADHYA PRADESH)
2. COMMISSIONER DIVISION SAGAR
DISTRICT SAGAR (MADHYA PRADESH)
3. C O L L E C T O R C H H ATA R P U R DISTRICT
CHHATARPUR (MADHYA PRADESH)
4. PT. BABURAM CHATURVEDI STADIUM
GOVT. POSTGRADUATE COLLEGE THROUGH
AUTHORIZED OFFICER DISTRICT
CHHATARPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL FOR
RESPONDENTS NO.1 TO3)
This petition coming on for orders this day, Hon'ble Shri Justice
2
Ravi Malimath, Chief Justice passed the following:
ORDER
This petition is said to be filed in public interest.
1. The case of the petitioner is that in the District Chhatarpur there is a
sports stadium known as Pandit Baburam Chaturvedi Stadium. That the
same is meant for the sports activities. However, non-sports activities
from many years are being conducted in the stadium. Hence, the instant
petition is filed to direct the respondents not to allot the stadium for non-
sports activities.
2. A reply has been filed by the State. They dispute the plea of the
petitioner. They have stated in their reply that the stadium is predominantly
used for sports activities. However, on certain days such as on 26 th of
January - Republic Day, 15 th of August - Independence Day and on
certain other days, the stadium is used temporarily for other purposes.
However, the stadium is predominantly used for sports activities. Hence, it
cannot be said that the same is being misused.
3. In support of his case, learned counsel for the petitioner places
reliance on the judgment of the Hon'™ble Supreme Court reported in
(2022) 11 SCC 529 (Krishan Lal Gera Vs. State of Haryana and others)
with reference to para 22.
4. We have considered the same. On hearing learned counsel for the
petitioner we do not find any merit in this petition.
5. The use of the stadium is always for the purpose of sports activities.
It cannot be used for any other activity. However, that does not bar the
Government from granting permission to the concerned authorities to use
the stadium for limited purposes which are other than sports activities, as
narrated by the State it is being used on certain days such as
Independence Day, Republic Day, Dussehra etc. There are only couple of
days in the year which do not change the nature of the property in
question. The stadium continues to remain as sports stadium.
6. So far as the judgment relied upon by the learned counsel for the
petitioner is concerned, we find that there is no nexus at all to the facts of
the case. The fact in the said case of the Hon'™ble Supreme Court was
to the effect that the District Association Cricket, Faridabad decided to
form a club in the stadium in order to generate income for the District
Cricket Association. It was intended so that the Association could have
the funds to maintain the cricket stadium. It is for this reason the purpose
of the stadium stood diluted. It is on those circumstances, the said order
has been passed. In the instant case there is no dilution so far as the
stadium is concerned. It is only on certain days that the stadium is used
for other purposes.
7. Hence, we do not find any merit in this petition. Accordingly, the
same is dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
MSP
MANVENDRA SINGH PARIHAR
2022.09.22 16:12:02 +05'30'
