The State Government's authority over the Maidan was limited to supervision, and any action beyond that, such as withdrawing tent facilities, required the concurrence of the Central Government or the Military Authorities.

( 1 ) THE writ petitioner No. 1 is a club known as Hindusthan Mitra Club (hereinafter referred to as 'said club' ). The said club is a society registered under Societies Registration Act and the writ petitioner Nos. 2 to 7 are members of the said club. The writ petitioners have challenged a show cause notice dated 22nd February 2000 issued by the Deputy Commissioner of Police, Head Quarters, Lalbazar, Calcutta-700 001, to the General Secretary of the said club. In the said show cause notice the General Secretary of the said club has been directed to show cause within 15 days from the date of receipt of the said notice why the allotment of the tent of the said club in the Calcutta Maidan shall not be cancelled and failing which a decision will be taken by the police authorities on the basis of available records.

( 2 ) ON receipt of the said show cause notice, the petitioner prayed for time and thereafter, time was granted to the petitioner to give reply to the show cause notice. Ultimately, the petitioner gave a reply to the said show cause notice on 14th March 2000 and in the said reply the petitioners gave a brief history of the said club and also gave a brief history of the games which are played by the members of the said club including history of the achievement of the said club in the field of sports.

( 3 ) AFTER giving reply to the show cause notice, the said club moved a writ petition before the Hon'ble Court on 24th March 2000 and a learned Judge of this Court was pleased to issue an interim order for maintenance of status quo on 24th March 2000 and them the same interim order was, thereafter, extended till the disposal of the writ petition. After that an application for vacating the order of injunction was filed by the state-respondent, Deputy Commissioner of Police, Head Quarters, Lalbazar, Calcutta-700 001.

( 4 ) THE matter was then taken up by this Court for final hearing. On the consent of the parties, the said application of vacating the injunction was treated as an affidavit-in-opposition of the State Government and the petitioners' reply to the said vacating the injunction was treated as affidavit-in-reply. In this matter, the Central Government also filed an affidavit-in-opposition to the writ petition and they have also filed an opposition to the vacating application.

( 5 ) THE main challenge of the petitioners to the show cause proceeding is one of jurisdiction. The petitioners' case is that for the last 50 years, the said club is in existence and was allotted a tent in which the said club is carrying on various sports activities. The petitioners' case is that the tent is situated within the Blue Zone of the Eastern Command of Army. The boundary wall of the tent and other furniture, electrical apparatus and appliances in the said tent are owned by the said club. The said club is paying an annual fee to the 4th respondent. The said fees were paid upto 1999 but insofar as the fees for the year 2000 are concerned the representative of the club on several occasions went to the office of the 4th respondent but on some pretexts, the 4th respondent refused to accept the fee.

( 6 ) THE petitioners have ascertained that they have followed all guidelines and directions issued from time to time by the police authorities in respect of the tent facilities which the said club enjoyed. There is no allegation against the said club of any untoward incident happening in its tent or any illegal activities being carried on therein. The allegation of lack of sporting activities in the tent of the said club is wholly incorrect and the same has been disputed in the show cause notice. Some allegations of mala fide have also been levelled against the police authorities but the main point on which the matter was argued before this Court is that the entire area in Maidan vested in the Military Establishment and the Central Government not having raised any objection against the continuance of the tent of the sai