JUDGMENT

Pathak, J. - By this and the connected petition under Article 226 of the Constitution the petitioners pray that the order relaxing the operation of-Rule 7 (2) (a) (i) and the consequent grant of it certificate under Rule 3 (3) of the U. P. Cinematograph Rules, 1951 in favour of the third respondent be quashed and the State of Uttar Pradesh and the District Magistrate, Agra, be directed not to allow the third respondent to construct a Cinema Hall on the site.

2. The facts briefly are these.

In the Cantonment of Agra lies a piece of land with a building constructed to one side of it. The premises are known as No. I Gwalior Road, and are owned by the third respondent, Messrs Alopi Prasad and Sons (Private) Ltd. The compound is bounded on the one side by Ajmer Road and on the other by Gwalior Road. Behind this land lies the compound of St. Anthony's Day School. Across the Gwalior Road and somewhat to one side lies the compound of St. George's High School.

3. The third respondent decided upon the construction of a modern air- conditioned cinema hall in the premises No. 1, Gwalior Road, the construction being intended on that part of the land immediately facing Gwalior Road. On J