JUDGMENT

BARMAN, C. J. :- The point involved in this writ petition is whether in the circumstances hereinafter stated -under S. 30 of the Police Act, 1861 (Act 5 of 1861) read with Rr. 23 and 54 (d) of the Orissa Police Manual -restrictive conditions can be laid in a procession license forbidding the movement of a procession to certain areas in a town, that is, to the extent of prohibiting the procession from moving beyond a particular spot in the town in view of the apprehension of the Magistrate of a serious breach of the peace resulting in rioting and bloodshed, as reported to him by the Police.

2. In Cuttack town, there is a road called Mahtab Road between Taldanda Canal in the east and Dolmundi Chak on the west. There is an ESSO Petrol pump on the Mahatab Road stated to be about 600 yards from Dolmundi Chak. The petitioner represents the residents of Sankarpur village on the eastern side nearer the Taldanda Canal. They are being opposed by the residents of Haripur village near Dolmundi Chak on the west. There are also interveners - representing the residents of the area between ESSO pump and Haripur village also opposing the petitioner's application.

3. It is claimed on behalf o