LAWS(CAL)-1953-6-20

AJAY KUMAR DAS Vs. PRAMATHA KUMAR DAS

Decided On June 12, 1953
AJAY KUMAR DAS Appellant
V/S
PRAMATHA KUMAR DAS Respondents

JUDGEMENT

(1.) This Rule obtained by Ajay Kumar Das on an application under Article 227 of the Constitution of India is directed against an order of the Senior Deputy Magistrate and Press Act Magistrate, Midnapore, refusing to re-consider an order cancelling the declaration filed by this applicant under Section 4, Press and Registration of Books Act as the keeper and printer of a press known as Vidyasagar Press at Tamluk.

(2.) It appears that on 1-14-1950, the applicant filed a petition before the District Magistrate saying that his father Sri Pramatha Kumar Das had purchased a Press known as Vidyasagar Prass at Tamluk and asking for permission to file a declaration under the Press Act for starting printing works. The petition was enquired into by the police and under the orders of the District Magistrate Ajay Kumar Das was allowed to file a declaration under Sections 4 and 5 of the Press Act and Ajay Kumar Das actually filed the declaration on 10-12-1951. On 2-8-1952, Pramatha Kumar Das filed a petition asking for permission to file another declaration to the effect that he was the proprietor, keeper and printer of the Vidyasagar Press. He also was allowed to file this declaration. There was thereafter an investigation into this quarrel between the father and the son by the police. From the police report it appeared that Pramatha Kumar Das purchased the Press, but the house where the Press was located was the property of the wife of Pramatha Kumar Das, that is, the mother of Ajay.

(3.) The learned Magistrate then finds that Pramatha Kumar Das was the real owner of the Press and directed cancellation of the declaration filed by the son the applicant before us. He was asked to re-consider this decision and he refused to do it. It is against this that the present Rule is directed.