ASIAN CIRCUS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a professional circus group. It moves from place to place, putting up circus shows under the name and style of Asian Circus. It claims to be affiliated to the Indian Circus Federation as one of the bona fide. Indian Circus units.

(2.) The petitioner Asian Circus is at present camping at Mairwa under Mairwa police station in the district and sub-division of Siwan. It came there on 30-1-2001, intending to put up its shows there. It is, however, unable to put up its shows at Mairwa for want of written permission from the Dist. Magistrate, Siwan. It is stated on behalf of the petitioner, and not denied by the State, that the petitioner Asian Circus has entered into an agreement with a certain Gopal Jee Narain Shahi for setting up camp, circus enclosure, cycle stand etc. on plot No. 212 being the Raiyati land of the aforesaid Gopal Jee Narain Shahi and the petitioner does not intend to use any public land for holding its shows.

(3.) It is also not in dispute that earlier by order, dated 12-12-2000 the Sub-Divisional Officer, Siwan had given the petitioner permission to put up circus shows for the period from 15-12-2000 to 31-1-2001 on the Raiyati land of Gopal Jee Narain Shahi. At that time, however, the petitioner was unable to put up the shows as the land being rain soaked was quite soft and was not suitable for setting up the necessary infra structure for the circus shows. The petitioner-circus had, therefore, gone over to Dewaria in U.P. and had put up its circus shows there. It came back to Mairwa on 30-1-2001 and requested for extension of the period allowed by letter, dated 12-12-2000. This time, however, the administration refused to give permission for putting up circus shows at Miarwa with the result that the circus group with all its men, animals and equipments finds itself stranded at Mairwa. It is stated on behalf of the petitioner that it has already incurred and continues to incur every day huge expenses in maintaining its equipments, animals and men and on account of the financial losses suffered, it is not even in a position to move away from Mairwa, transporting its animals and equipments etc.