Judgement

BOSE J. : The appellant is the Istimrardar of Kharwa. According to him, he has held a cattle fair on his estate every year for some twenty years. On 8-1-1951 the Chief Commissioner of Ajmer framed certain rules for the regulation of cattle and other fairs in the State of Ajmer. He purported to do this under Sections 40 and 41 of the Ajmer Laws Regulation of 1877 (III of 1877). One of the rules required that persons desiring to hold fairs should obtain a permit from the District Magistrate. Accordingly the appellant applied for a permit. This was refused on the ground that no more permits were to be issued to private individuals.

The appellant thereupon applied under Article 226 of the Constitution, to the Judicial Commissioner s Court at Ajmer for the issue of a writ directing the authorities concerned to permit the appellant to hold his fair as usual. He contended that his fundamental rights under the Constitution were infringed and also that the rules promulgated by the Chief Commissioner were ultra vires the Regulation under which he purported to act.

2. The learned Judicial Commissioner refused to issue the writ but granted leave to appeal under Article 132(1) of the C