LAKHI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Miscellaneous Judicial Case No. 352 of 1956, the petitioner, Lahiri Prasad, has applied to the High Court for grant of a writ in the nature of certiorari to quash an order of the District Magistrate of Patna, dated the 8th April, 1956, granting authority to opposite party No. 4, Bachoo Narain Singh, to take up permanent construction of cinema buildings in accordance with a revised Plan. The order of the District Magistrate, which is impugned in this case, is in the following terms :

(2.) Learned Counsel on behalf of the petitioner argued that no reasons have been given by the District Magistrate for rejecting the objection made by the petitioner or for granting a permanent licence to opposite party No. 4 in accordance with the provisions of Section 5 of Bihar Act, XV of 1954. Section 5 of Bihar Act XV of 1954 states:

(3.) For these reasons we hold that there is no illegality vitiating the order of the District Magistrate and there is no ground for issue of a writ in the nature of certiorari for quashing the order of the District Magistrate. There is no merit in this application which must be dismissed.