( 1 ) THE petitioner Mr. Deane is a citizen of India. He is a promoter and organiser of circus shows. On or about 11th May, 1959 he wrote a letter to the Commissioner of Police, Calcutta, asking for permission to occupy a portion of the' open land known as the Calcutta maidan, opposite to the Calcutta Museum. This was done with a view to utilise the said land for the purpose of accommodating a circus show for a period of two months during the winter of 1959. In his said letter, it was stated that he was willing to contribute a sum of Rs. 2000/- to any charitable fund as chosen by the Commissioner of Police. On the 7th July, 1959 the Deputy Commissioner of Police. Head-quarters Calcutta, informed Mr. Deane that the proposed site was considered unsuitable for holding a circus show and as such the permission could not be granted. On the 7th October. 1959 Mr. Deane wrote to the Commissioner of Police stating that he was prepared to pay a larger amount, the fixation of which was to be left to the Commissioner of Police. There appears to have been no reply given to this letter. It is now necessary to relate certain facts which are not directly connected with the petition