Swargiya Amar Singh Rathore ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 981 MP

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                          BEFORE
            HON'BLE SHRI JUSTICE VISHAL DHAGAT
                 ON THE 17 th OF JANUARY, 2023
                WRIT PETITION No. 1213 of 2023

BETWEEN:-
SWARGIYA AMAR SINGH RATHORE SMRITI SEVA
SANGH THROUGH ITS VICE PRESIDENT VINAY PRATAP
SINGH RATHORE S/O LATE SHRI AMAR SINGH
RATHORE AGED ABOUT 58 YEARS REGISTERD
ADDRESS AT JER BHAWAN PRITHVIPUR TEHSIL
PRITHVIPUR DISTRICT NIWARI (MADHYA PRADESH)

                                                  .....PETITIONER
(BY SHRI SHASHANK SHEKHAR, SENIOR ADVOCATE WITH SHRI
BHOPESH TIWARI, ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH ITS
      SECRETARY    DEPARTMENT    OF   SCHOOL
      EDUCATION    SATPURA   BHAWAN   BHOPAL
      (MADHYA PRADESH)

2.    SECRETARY DEPARTMENT OF SPORTS AND
      YOUTH WELFARE VALLABH BHAWAN BHOPAL
      (MADHYA PRADESH)

3.    DISTRICT   EDUCATION    OFFICER DISTRICT
      NIWARI (MADHYA PRADESH)

4.    COLLECTOR      NIWARI DISTRICT    NIWARI
      (MADHYA PRADESH)

5.    SUB DIVISIONAL MAGISTRATE SUB DIVISION
      PR I T H V I PU R DISTRICT NIWARI (MADHYA
      PRADESH)

6.    DR.   SHISHUPAL   YADAV   MEMBER   OF
      LEGISLATIVE ASSEMBLY 45 (PRITHVIPUR)
      ADDRESS 379/3 WARD NO. 7 HARDAUL WARD
      GANJ MOHALLA DISTRICT NIWARI (MADHYA
      PRADESH)
                                     2
                                                              .....RESPONDENTS
(BY SHRI PRASHANT SINGH, LEARNED ADVOCATE GENERAL WITH
SHRI AMIT SETH, DY. ADVOCATE GENERAL &
SHRI VIPIN YADAV, ADVOCATE FOR CAVEATOR)

      This petition coming on for admission this day, th e court passed the
following:
                                     ORDER

1. Petitioner has filed this writ petition under Article 226 of Constitution of India making a prayer to quash the impugned order dated 09.01.2023 contained in Annexure-P/6 and further direct that Rathore Stadium situated at Prithvipur District-Niwari MP shall be used only for purpose of sports activities and not for other activities. Further prayer is made for grant of interim relief to

permit petitioner-society to conduct All India Volleyball Tournament as scheduled from 18.01.2023 to 20.01.2023 pursuant to permission granted by District Education Officer.

2. Learned Sr. Counsel appearing for petitioner submitted that petitioner is a society registered under the Madhya Pradesh Societies Registration Act and petition is filed through it's Secretary. Petitioner-society is organizing the National Level Volleyball Tournament in 'Rathore Stadium-Prithvipur' since last 40 years. Tournament is recognized as National Level Tournament by Volleyball Federation of India. Petitioner-society was granted sanction letter dated 16.12.2022 by Volleyball Federation of India to conduct tournament and also by Madhya Pradesh Amateur Volleyball Association.

3. Petitioner-society applied to District Education Officer on 24.12.2022 seeking permission to organize tournament between 18.01.2023 to 20.01.2023 in 'Rathore Stadium-Prithvipur'. On said letter, endorsement was made by District Education Officer recommending for grant of permission. Vide impugned order dated 09.01.2023-Annexure-P/6, respondent No.5 granted permission in favour

of private respondents to organize cultural festival 'Prithvipur Mahotsav' in Rathore Stadium-Prithvipur. It is submitted that order has been passed in gross violation of judgment passed by Supreme Court in the case of Kishan lal Gera Vs. State of Haryana & Ors. reported in (2011) 10 SCC 529. As per said judgment, sports stadium and playgrounds shall not be leased out for any activities not related to sports.

4. Learned Sr. Counsel appearing for petitioner submitted that petitioner- society is unable to please Respondent No.6-local MLA, therefore, local MLA. Therefore, with intention to disturb National Level Tournament, cultural festival is organized on same venue on same dates. District Level authorities are under influence of local MLA and granted him permission to hold cultural festival. Though his application was later in time. In view of same, prayer is made for quashing of impugned order and further to direct respondents-authorities to permit petitioner to hold tournament between 18.01.2023 to 20.01.2023.

5. Shri Prashant Singh, learned Advocate General appearing for State and Shri Vipin Yadav, Advocate appearing for Respondent No.6 opposed the writ petition filed by petitioner. It is submitted by them that petitioner is misrepresenting the facts. Petitioner was never granted permission by District Education Officer. On perusal of application dated 24.12.2022 contained in Annexure-P/5, it is clear that District Education Officer has made endorsement

and directed Principal to grant permission, if studies in school is not affected by holding tournament. However, no document has been placed on record by petitioner to show that permission for holding tournament has been granted by Principal. On the contrary, when petitioner had informed S.D.O. for making arrangements for holding National Level Tournament, S.D.O. vide it's letter

dated 11.01.2023 informed the petitioner-Society that permission has already been granted on 09.01.2023 to hold cultural festival-Prithvipur Mahotsav on sports ground to Respondent No.6. Petitioner has not challenged said order in writ petition. Further, in absence of permission to hold Volleyball Tournament, no direction can be given to public authorities to restrain holding of cultural activities, 'Prithvipur Mahotsav' by Respondent No.6 between 17.01.2023 to 20.01.2023. It is further submitted that a cricket tournament is also held in Rathore Stadium as part of Mahotsav. Further reliance is placed on order passed by Division Bench on 21.09.2022 in W.P.No.24876/2019 and order passed on 27.09.2022 in Review Petition No.1061/2022. It is submitted that in said writ petition, permission was granted to use the ground for activities other than sports and earlier order of Division Bench passed by this Court in W.P.No.10687/2019 was reviewed. It is also submitted that sports grounds is used for playing cricket as well as cultural activities, therefore, it cannot be said that there is violation of order passed by Apex Court. In view of aforesaid facts and circumstances of the case, counsel for respondents pray for dismissal of writ petition.

6. At this stage, learned Sr. Counsel appearing for petitioner argued that sports ground available at Prithvipur is very small and no cricket matches, as per conditions laid down by B.C.C.I., can be held there. It is submitted that only District teams were playing in aforesaid ground. It is submitted that initially, permission was only sought for holding cultural festival but later on cricket tournament was also added in program as an afterthought so that petitioner cannot hold Volleyball National Level Tournament. It is submitted that whole act of private Respondent No.6 for organizing Prithvipur Mahotsav is actuated by malafides, therefore, writ petition may be allowed.

7. Heard learned counsel for parties.

8. Apex Court in the case of Kishan Lal Gera (supra), has held that sports stadium at prime localities over Govt. lands is to be used for sports and activities like marriage functions/parties and recreational activities should not be done at such place. Sports Complexes and stadiums shall not be leased out for recreational purposes. It is further held that High Court is bound to interfere and protect public interest when blatant misuse is brought to their notice. High Court was directed to entertain PIL and monitor use of stadium concerned and pass appropriate directions that no cultural activities or activities other than sports shall be carried out in exclusively sports stadiums and grounds and conversion of sports stadiums into recreational club was held impermissible. Petitioner has not been granted permission to conduct Volleyball Tournament. District Education Officer has only made recommendation to Principal for granting permission, if studies at school are not adversely affected. Further, nothing is placed on record by petitioner to show that the place, for which, petitioner has asked permission is a sports ground exclusively built for playing sports. On the contrary, it appears that ground, over which, permission has been granted to hold Prithvipur Mahotsav is an open ground belonging to school, in which, permission is to be granted by Principal. The ground is used by School. For what purposes, ground is used by school has not been pleaded in the writ petition. Ground may be used for sports activities by school or for it's own cultural activities. There is nothing on record to show that ground in question is dedicatedly is being used for sports activities by school authorities.

9. In view of aforesaid facts and circumstances of the case, it is clear that petitioner is not having any permission to hold Volleyball Tournament on the

ground and further there is nothing on record to show that ground is being exclusively used only for sports purposes by concerned school. Considering the material and other documents which are placed on record during course of arguments, the place where tournament is to be held is a ground inside the school. Ground is surrounded by a building and said ground can be used for multipurpose activities.

10. In view of aforesaid facts and circumstances of the case, writ petition is dismissed.

11. Petitioner will be at liberty to postpone it's Volleyball National Level Tournament and seek permission to hold the same on other dates.

(VISHAL DHAGAT) JUDGE nd NEETI TIWARI Digitally signed by NEETI TIWARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=af64e61ba033dfa7ef59df9305ec612a98705d7d2db82017cf709acdcbdf3826, pseudonym=22F820B687081CFC14112B57942E8ABC857460B6, serialNumber=304BEAA8FAFE126BF3303015380B5E8C852FC22A9F3F4AD18B702B4A341F8849, cn=NEETI TIWARI Date: 2023.01.18 14:22:53 +05'30'