SAIDUZAMAN Vs. THE DISTRICT MAGISTRATE, MURSHIDABAD

JUDGEMENT

(1.) This revisional application under Art. 227 of the Constitution of India is directed against an order dated Feb. 25,1998 passed by the Commissioner, Presidency Division in Appeal Case No. 48 of 1997 - 98 under Sec. 5(4)(a) of the West Bengal Cinemas (Regulation) Act, 1954 thereby affirming order dated Sept. 9,1997 passed by the District Magistrate, Murshidabad granting permission to construct a permanent cinema hall over the disputed property.

(2.) The proceeding has a chequered career. The respondent Nos. 3 to 5 prayed for construction of a permanent cinema hall on the disputed plot against which the local people including the petitioner raised objection. Initially, the District Magistrate by order dated June 1, 1988 refused to grant permission to construct a cinema hall on the ground that the said site is only at a distance of 1/4th km. from an existing school and at a short distance from religious institution sad about one km. away from the hospital. It was further held that there was some doubt about the title of the respondent Nos. 3 to 5 over the disputed laud. Subsequently, as it appears from Anaexure 'B' the District Magistrate by his order dated Dec. 19,1989 granted permission to construct a permanent cinema hall as per approved plan under the supervision of a qualified engineer within 12 months. In the said order, the respondent Nos. 3 to 3 were directed to obtain no objection certificate from Director, W B. F. S. in the meantime.

(3.) Being dissatisfied, the son of the present petitioner preferred as appeal before the Commissioner, Presidency Division, and the Commissioner by order dated Aug. 29,1991 set aside the order of the District Magistrate on the ground that the said order contradicted earlier order and no reason was given in support of such decision.