B. P. BANERJEE,J.

( 1 ) IN this writ application, the petitioner, a religious organisation, claims that the respondents should not interfere with the right of user of microphones, loud-speakers, and for amplifying human voice and for amplifying other sounds while playing daily pujas and other religious activities and display of religious songs. The petitioner prayed for a writ in the nature of Mandamus commanding the District Magistrate and/or the Sub-Divisional Officer, Ghatal, to accord necessary permission in favour of the said society in terms of section 34a of the Police Act, 1963, (West Bengal Amendment ).

( 2 ) THE point raised in this writ application is of great public importance and significance. Section 34a of the Police Act, 1861, as amended by the West Bengal Act 38 of 1963, reads as follows:"34a. Power to prohibit, restrict, regulate or impose conditions on the use of microphones, etc. , (1) If, in the opinion of the Magistrate of the district or any Sub-Divisional Magistrate or Magistrate of the first class, it is necessary so to do for the purpose of preventing annoyance to, or injury to the health of, the public or any section thereof, or for the purpose of maint

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