SM. NIHAR KUMARI DEBI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS is an appeal from a judgment and order of Bose J., dated 2nd February 1951 by which the learned Judge dismissed an application made by the appellants for certain orders under Section 45, Specific Relief Act and writs of Mandamus against the Commissioner of Police, Calcutta and the Corporation of Calcutta.

(2.) IT has been held in the case of Chairman, Budge Budge Municipality v. Mangru Mia', A. O. O. No. 77 of 1951 which was heard along with this case, that an appeal lies. Of the two respondents in the appeal, the appellants abandoned their case against the Commissioner of Police. Only the case against the Corporation of Calcutta therefore requires to be considered.

(3.) THE application out of which the present appeal arises was made on 4th July 1950. The applicants were the three ladies and Ganga Gobinda Mukherjee and they alleged that although the plans submitted by them substantially complied with all building rules and regulations ' and although the construction of a cinema house at the proposed site was recommended by the Councillors who had made a local inspection and although sanction was recommended by the Corporation's own Law Officer, the Corporation was withholding sanction illegally and arbitrarily. It was also alleged that the area concerned was a commercial area and the majority of the local residents were enthusiastic supporters of the project. It is unnecessary to refer to the allegations made against the Commissioner of Police.