AIR 1960 CALCUTTA 664 ::64 Cal WN 348

Calcutta High Court

Hon'ble Judge(s): D. N. Sinha , J

Constitution of India , Art.226, Art.15— Administration of Calcutta maidan - Powers of Police Commissioner - Granting or refusing permission to hold circus shows - Rights of public not affected - Refusal held did not amount to discrimination within Art.15. The stretch of land surrounding the Fort William, more popularly known as the maidan, belongs to the Indian Union. Except for the area comprising the Fort William and the Victoria Memorial, the rest of the maidan has been entrusted to the State Government for proper administration, which it is doing through the Commissioner of Police, Calcutta. The members of the public are allowed to use the maidan, as an open space for outdoor games and sports and for enabling the citizens of Calcutta to take physical exercise. In 1959, certain portion of it was allowed to be used for a circus show held by some foreigners but permission was refused to an Indian citizen. On an application by the latter for a suitable writ against, the Police Commissioner : Held that the administration of the affairs of the maidan was an executive matter and there was no law by which the administration had to be performed in a particular manner.(Para 5) 2. That the title to the property being in the Indian Union, it could use the same in any manner that the law allowed. Though as the representa....