SAI CHALCHITRA Vs. COMMISSIONER MEERUT MANDAL

JUDGEMENT

(1.) The appellant herein, who was the writ petitioner before the High court, filed the writ petition in the High Court of Judicature at Allahabad, challenging the order passed by the Commissioner, Meerut Mandal wherein the Commissioner had set aside the order passed by the District Magistrate cancelling the licence given to Prakash Palance Video Parlour, Respondent 3 to run a video parlour.

(2.) The main grievance of the appellant before the High Court was that prakash Palance Video Parlour, Respondent 3 was situated within 350 metres from Sai Chalchitra and hence no licence could be granted to Respondent 3 to run a video parlour under the U. P. Cinema (Regulation of Exhibition by means of Video) Rules, 1988. It was also asserted that the exhibition of video films by Respondent 3 had badly affected the cinema business of the appellant as the video parlour was situated very close to the cinema hall of the appellant. It was also submitted that the grant of licence in favour of respondent 3 was in violation of the provisions contained in Sections 7 (1-A) (a) , (b) and (c) of the U. P. Regulation of Cinema Act, 1955. Under section 7 (1-A) , licence could be cancelled or revoked on the following grounds:

(3.) The writ petition was contested by the State of U. P. as well as respondent 3.