Supreme Court of India · 1954-12-03
CAPTAIN GANPATI SINGHJI vs THE STATE OF AJMER AND ANOTHER.
- Citation / case number
- SC 1954/90348
- Court
- Supreme Court of India
- Petitioner
- CAPTAIN GANPATI SINGHJI
- Respondent
- THE STATE OF AJMER AND ANOTHER.
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,BHAGWATI,N.H. & JAGANNADHADAS,B. & AIYYAR, T.L.VENKATARAMA
Judgment text excerpt
The Supreme Court held that under Section 40 of the Ajmer Laws Regulation of 1877, the Chief Commissioner has the exclusive power to frame rules regarding the establishment of conservancy and sanitation at fairs, and the District Magistrate's authority to revoke permits without notice is ultra vires. The Court ruled that the District Magistrate's refusal to grant a permit based on the ground of no more permits being issued to private individuals is invalid, as it contravenes the Regulation's intent. The judgment emphasized that the rules do not authorize the District Magistrate to reject applications on such grounds, thereby protecting the constitutional right to hold fairs.