T.S. CHHATWAL Vs. ALAKNANDA TALKIES AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the Revision Petitioner (Applicant) and the Non-Applicants, who are the Plaintiff and the State Government and its officials.

(2.) The 1st Respondent/Plaintiff was running an establishment 'Alaknanda Talkies'. The Applicant/ 1st Defendant was the licensing authority in terms of the M.P. Cinemas (Regulation) Rules, 1972; hereinafter referred to as the 'Rules'. Stated to be in exercise of his statutory authority, he took certain actions against the Plaintiff and his establishment Alaknanda Talkies. The suit was filed alleging that such action which included cancellation of licence and closure of Alaknanda Talkies was without the authority of law and defeasance of a telephonic communication regarding the stay of cancellation of licence. The Plaintiff claimed that he suffered loss of Rs.16,368.00 and sought to recover that amount by way of compensation from Defendants namely the State of Chhattisgarh and its officers, the Applicant in this revision.

(3.) The Trial Court decreed the suit as against all the Defendants. The State which had not filed written statement, taking any contradictory stand as against the 1st Defendant licensing authority, chose to file an appeal. The lower Appellate Court interfered with the decree of the Trial Court and confined the decree to be one as against the 1st Defendant, thereby exonerating the State. The 1st Defendant has filed this revision challenging that appellate decision.