PER COURT :-

1. Heard the parties. By consent of the parties taken up for final disposal.

2. Looking to the urgent nature, the petition is moved before the special bench as the regular bench is not available. The petitioner has obtained permission from the Assistant Commissioner to organize Garba for nine days in ensuing Navratri festival. The Assistant Commissioner, Chhatrapati Sambhajinagar has granted permission to collect the donation, subscription etc. and has also allowed to conduct Garba. On getting permission from Assistant Commissioner the petitioner sought permission from the Corporation for using open space named Ramlila Maidan to organize Garba for a period from 11.10.2026 to 20.10.2026. Initially, the Corporation granted permission on 08.10.2026 by giving no objection on certain conditions. However, later on, by communication dated 09.10.2026 the said permission came to be cancelled citing the reason of law and order situation. It is stated that, on the said Ramlila Maidan since last 46 years effigy of statute of Rawan is conducted on the day of Dasshera. It is only on that the permission came to be cancelled.

3. It is the contention of the learned advocate Mr. Sawant for the petitioner that, the petitioner is also conducting Garba for nine days since last ten years at a nearby place. Because of the technical difficulties this year they decided to conduct the Garba on Ramlila Maidan as it is a bigger ground. Though initially permission was granted, it suddenly came to be withdrawn arbitrarily without giving any notice or opportunity of hearing. The petitioner is ready to give undertaking that they will not cause any disturbance to the nearby locality. The learned advocate for the petitioner thus prays to allow the petition by setting aside letter of cancellation dated 09.10.2026.

4. The learned advocate Mr. Salunke for the Corporation vehemently opposes the petition. He submits that, Rawan Dahan is conducted every year on the said Maidan since last 46 years. For first 7-8 days there would not be any problem. However, for Dasshera event they need to fill fire crackers in the statue of Rawan. On the day of Dasshera the fire crackers are exploided. Around 25,000-30,000 persons gather in the said event. It is not only the question of law and order, but also because of the fire crackers and filling of the fire crackers in the statue and in the said process also there is likely to be untoward incident taking place as the fire crackers are highly explosive. It is also therefore thought of the safety of the persons playing Garba the said permission is denied. He thus opposes the petition.

5. The learned A.G.P. Mr. Ingole also opposes the petition stating that, to manage such a crowd in the days of Navratri is difficult. On Dasshera day also patrolling is required and it is for this reason the ground needs to be accessible for managing crowd.

6. Initially, on 08.10.2026 the Corporation had granted permission on certain conditions which are shown in the letter dated 08.10.2026. There is nothing on record as to what made the Corporation to cancel the said permission immediately next day on 09.10.2026. The reason cited is of law and order. It is not clear as to from where the Corporation received the inputs about law and order. It is not reflected that it is the Police machinery who reported the Corporation about the law and order situation. This Court finds that, the reason only shows that there would be crowd and because of Rawan Dahan that would take place on 20.10.2026 there is likely to be law and order situation. Except crowd there is no any other threat seen or perceived.

7. It is common knowledge that every year Garba is played on various places in the city. People come only to play Garba. Merely because more crowd is expected cannot be said to be a reason of law and order situation. At the same time, this Court needs to take into consideration that on the said Maidan every year Rawan Dahan is also performed. The appr