ALANKAR TALKIES Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) RULE. Learned AGP Mr. J.K. Shah who appears on advance copy waives service of rule for respondent State .

(2.) THE petitioner has challenged legality of an order dated 30.9.2010 by which besides others, petitioners was asked to produce a certificate from the Municipal Corporation that no dues of Corporation are pending. Rest of the dues according to the petitioners have been cleared. Commissioner Junagadh informed the Additional District Magistrate under communication dated 9.11.2009 that the Corporation has yet to recover an amount of Rs.15,21,105/- towards the show tax which the petitioner has not yet paid.

(3.) FACTS are similar in the present case also. The petitioner has produced stay order from the competent Court against the demand of the Municipal Corporation. It is the sole ground on which his request for cancellation of license is not being considered. Quite apart from similarity between two situation i.e. the present petitioner's case and one involved in Special Civil Application No. 13334/2009 and the fact that Corporation's demand is stayed by the Civil Court, I fail to understand how for past dues of the Corporation authority can refuse permission to cancel license of the petitioner. Dues can be recovered in accordance with law even effecting coercive recovery if so permitted. However, it is quite another thing to suggest that request for cancellation of license can be stalled on any post demand. Continuation of license would entail several liabilities including payment of license fees, maintaining cinema hall in proper condition, providing for safety and fire protection, maintaining hygiene etc. when the entire business is stopped since years, it would be a difficult task for any businessman to provide for such facilities without generating any revenue. In fact, continuing such license may also result in deterioration of property which may even be hazardous in a given situation.