P.B.Mukharji, J. -
(1.)We are unanimous that the Rule in this case must be discharged.
(2.)This is a petition by the Union of Cycle Carts Workers known as "Paschim Banga Malbahi Cycle Mazdoor Union "for a writ of Mandamus against the Commissioner of Police under Article 226 of the Constitution, for directing him not to give effort to or to withdraw or cancel his notifications dated the 12th February, 1959 under Section 61A of the Calcutta Police Act 1866 and Section 38A of the Calcutta Suburban Police Act 1866. It also claims for writs of certiorari and prohibition. There is a similar application with the title Bijon Krishna Mukherji v. Commissioner of Police raising the very same questions. Both these applications have been referred to this Special Bench of this Court for their disposal and for determination of the points raised. The parties and counsel in both these matters agree that they may be disposed of by one judgment.
(3.)The impugned notification dated 12-3-1959 under Section 61A(1) of the Calcutta Police Act 1866 reads as follows:
"In exercise of the powers conferred on me by Sub-section (1) of Section 61A of the Calcutta Police Act 1866 (Bengal Act IV of 1866), I, Slid U. Mukharji, Commissioner of Police, Calcutta, do hereby prescribe, with die previous consent of the State Government, the type of vehicles described in the Schedule below as vehicles which shall not be driven or used in the streets or public places within the limits of the town of Calcutta as defined in Section 3 of the said Act: SCHEDULE. TYPE OF VEHICLES. Tricycles with platform bodies attached to the back for carrying goods with or without passengers and registered as carts, commonly described as cycle carts or cycle crates. Sd/- U. Mukharji, Commissioner of Police, Calcutta".