MADANLAL KAPOOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Madan Lal Kapoor, Proprietor of Jai Hind Variety Show, under Article 226 of the Constitution of India for a writ of prohibition or any other appropriate writ, order or direction, not to interfere with the continuance of the Pistol Shooting Game at the Variety Show carried on bv the petitioner at Kotah, and also for the quashing of the order of the District Magistrate, Kotah, dated 9th February 1952, pro- hibiting the petitioner from the Game of pistol shooting and the subsequent order dated 22nd February 1952, not cancelling the previous order dated 9th February 1952.

(2.) THE petitioner's case is that he wanted to run a variety show and certain games along with it at Kotah for profit, to which the public was to be allowed access. Although there was no law, rule or order requiring the petitioner to obtain a permit or licence from any authority for the show and performances of any nature or such as mentioned in the first paragraph of the application, yet the petitioner on account of ignorance of law and being a displaced person from West Punjab not knowing of the local conditions obtained a permit from the District Magistrate, Kotah. On 17th December, 1951, by which he was permitted to run the show at Kotah City for two months from the date of commencement with a condition to run the show from 7 p. m. to 11-30 p. m. , and with a further condition that only dance and music along with games of skill would be the only performance. No game of chance would be allowed. THE petitioner commenced on 31st January 1952, the show with the performance of the game of skill, viz. , shooting by pistol stripes of different colours of choice on a fixed board 12 feet away from the place of shooting. THE show and the said game continued up to 8th February 1952, without interruption when the District Magistrate abruptly sent an order to the Superintendent of Police Kotah restricting the petitioner's performances only to the variety show and no other game. THE District Magistrate expressly mentioned in his order that the section dealing with the so-called games of skill should be immediately closed and compliance reported. In pursuance of the said order, the petitioner is not being allowed the performance of Pistol Shooting since 9th February 1952, by the police, Kotah. THE petitioner made an application to the District Magistrate to cancel his order of 9th February 1952, but he did not do it. THE petitioner alleges that in making the order, dated 9th February 1952, the District Magistrate did not apply his mind under Section 3, Rajasthan Dramatic Performances and Entertainments Ordinance, 1949, for coming to an opinion as required under that section; nor did he, in fact, form an opinion under any of the Clauses (a) to (d) of that section while prohibiting the Pistol Shooting Game; nor the order dated 9th February 1952, fulfils the requirements of that section. He also alleges that the District Magistrate had no jurisdiction to prohibit the Pistol Shooting Game. He further alleges that the Pistol Shooting Game is a game of skill and not a game of chance.