RANJIT KUMAR DE CHOWDHURY Vs. DISTRICT MAGISTRATE NADU

JUDGEMENT

(1.) THE town of Ranaghat, in the District of Nadia, has only one permanent Cinema show house. On or about October 11, 1960, the District Magistrate of nadia, functioning as the Licensing 'authority under the West Bengal Cinemas (Regulation) Act, 1954, invited applications for grant of license for a second permanent cinema house at Ranaghat. The petitioners, respondent Nos. 2 and 3, and fourteen other persons made separate applications for grant of license to open a second cinema show house.

(2.) THE petitioners selected c. s. plot Nos. 149, 150 and 155/21 as the site for construction of the cinema house. Respondent Nos. 2 and 3 proposed plot No. 4198, measuring about 15 cottahs, for construction of the cinema show house, if they succeeded in getting the license. The petitioners allege that the plot proposed by respondent Nos. 2 and 3 was not an ideal plot for construction of a cinema show house, in that it was in the vicinity of a hospital, several places of worship and also very near two important road junctions.

(3.) ON March 28, 1961, the District magistrate of Nadia invited objections, if any, from the public to the sites selected for construction of cinema show house by the applicants for license. The petitioners allege that a number of local people objected to the construction of cinema house on c. s. plot No. 4198. The local Municipality also, on being consulted by the District Magistrate recommended the plots selected by the petitioners and not the other plot selected by the respondent Nos. 2 and 3 as the most suitable site for construction of a cinema show house within the Municipal limits of Ranaghat.