GANAPATI SINGHJI Vs. STATE OF AJMER

JUDGEMENT

(1.) The appellant is the Istimrardar of Kharwa. According to him, he has held a cattle fair on his estate every year for some twenty years.

(2.) The learned Judicial Commissioner refused to issue the writ but granted leave to appeal under Article 132(1) of the Constitution in, the following terms :

(3.) It is admitted that the land on which the fair is normally held belongs to the appellant. That being so, he has a fundamental right under Article 19(1)(f) which can only be restricted in the manner permitted by sub-clause (5). The holding of an annual fair is an occupation or business within the meaning of Article 19(1)(g), therefore, the appellant also has a fundamental right to engage on that occupation on his land provided it does not infringe any law imposing "reasonable resrictions on that right in the interests of the general public", or any law