STATE OF U P Vs. PRAMOD KUMAR SHUKLA

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals arise out of a common judgment of the Allahabad High Court allowing the Writ Petition (Civil Misc. Writ Petition No. 33291/2004) and holding that no further order need be passed in the connected Writ Petition (Civil Misc.W.P. 37610/ 2004) in view of the order of the former case.

(3.) Challenge in the first writ petition was to the order passed by the District Magistrate, Allahabad dated 2-8-2004 holding that respondent-Pramod Kumar Shukla had received grant-in-aid to the tune of Rs. 21,27,551.13 between 2-4-1990 to 1-4-1995 under Government Order dated 21-7-1986 by concealing facts and by practising fraud. It was pointed out that he had concealed the fact that he was not the owner and was not, therefore, entitled to receive the grant in aid. Therefore, in exercise of powers conferred under Section 5(3) of the U.P. Cinema Regulation Act, 1955 (in short the Cinema Act) order of recovery was given and grant-in-aid sanctioned to him vide office order No. 299 dated 10-4-1990 was set aside. Application for renewal dated 1-7-1994 submitted by said Pramod Kumar Shukla was rejected in exercise of powers conferred under Section 21 of the U.P. General Clauses Act, 1904 (in short General Clauses Act). Further order was passed under Section 12(1) of the U.P. Entertainment Tax Act, 1979 (in short Entertainment Act) directing him to deposit the amount of entertainment tax collected by such cheating and fraud during 2-4-1990 and 1-4-1995 amounting to Rs. 21,27,551.13.