BALDEVBHAI AMBALAL PATNI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner in this petition under Article 226 of the Constitution of India has challenged the legality of various orders at Annexures A `B C D E and `H passed by the authorities functioning under the Bombay Cinemas (Regulation) Act 1953 and the Rules framed thereunder. In order to appreciate the grievances of the petitioner a few relevant facts will have to be noted at the out set.

(2.) The petitioner claims to be a Licence holder entitled to run a cinema theater named VISHNU CINEMA at village Mansa taluka Vijapur district Mehsana. The petitioner was issued Cinema Licence under the provisions of Bombay Cinemas (Regulation) Act 1953 (hereinafter referred to as the Bombay Cinema Act). He was also holding the Booking Licence which is a consequential licence based upon the Cinema Licence. The said licence was also issued to him under the very same Act. Under these licences the petitioner was doing the business of exhibiting films at Vishnu Cinema at Mansa taluka Vijapur district Mehsana.

(3.) The respondents herein are the authorities entrusted with the task of enforcing the provisions of the Act and the Rules. The respondent No. 3 Collector and Collector of Entertainment Tax is the licensing authority who is empowered to revoke or suspend the Cinema Licence on the ground indicated by the relevant provisions of the Act and the Rules. It appears that the petitioner ran into arrears of Entertainment Tax which was leviable under the provisions of the Gujarat Entertainments Tax Act 1977 (hereinafter referred to as `the Entertainments Tax Act) read with the Gujarat Entertainments Tax Rules 1979 (hereinafter referred to as the Entertainments Tax Rules). There were certain other infractions of the Bombay Cinema Act and the Bombay Cinema Rules 1954 which were alleged against the petitioner during the time he was conducting the cinema business at Mansa In light of the aforesaid irregularities alleged against petitioner a show cause notice was issued against the petitioner by the concerned authority and thereafter by an order dated 1-7-1984 passed by the respondent No. 3 herein the cinema licence of the petitioner was suspended as per Rule 131 of the Bombay Cinema Rules 1954 till further orders. By the very same order it was directed that the complaint be filed for the breach of sub-rule (3) of rule 3 of the Gujarat Entertainments Tax Rules 1979 It was also directed that complaint be filed under Rule 130-C of the Bombay Cinema Rules 1954 for the breach of Rule 123 thereof. The aforesaid order at Annexure A is the first order which has been challenged in these proceedings which is followed by the second order at Annexure B whereby the 3rd respondent has cancelled the Cinema Licence of the petitioner as per provision of Rule 131 of the Bombay Cinema Rules. By the very same order complaint is ordered to be filed against the petitioner as per Rule 130-C of the Bombay Cinema Rules 1954 for infraction of Rules 115 117 and 118 of the Bombay Cinema Rules and also as per sec. 16 of the Gujarat Entertainments Tax Act 1977 for the breach of Rule 3(2) of the Gujarat Entertainments Tax Rules 1979 The third impugned order is at Annex. C which is dated 29 This order is also passed by the respondent No. 3-Licensing Authority. By this order the Cinema Licence of the petitioner is revoked on the ground that the petitioner has committed breach of Rule 128 of the Bombay Cinema Rules inasmuch as he failed to procure and produce Certificate from the Electrical Inspector about the electric installation in the Theatre being in proper condition so far as the year 1984 was concerned. The fourth impugned order is Annexure `D dated 26 1984 The said order seeks to suspend the Cinema Licence given to the petitioner for running Vishnu Cinema on the ground that the proprietor of that cinema namely the petitioner had committed breach of the sec. 123 of the Bombay Cinema Rules 1951 and Rule 3(2) of they Gujarat Entertainments Tax Rules 1979 ax well as Rules 7 and 10 thereof. The 5 impugned order is at Annexure `E to the petition which is dated 1985 This order is passed by the Deputy Secretary to the Government of Gujarat Information Broadcasting and Tourism Department Sachivalaya Gandhinagar in the name of the Governor of Gujarat. It is an appellate order which seeks to dismiss the appeals of the petitioner against the orders at Annexures `A and `B respectively. The last impugned order is at Annexure `H dated 1-5-1985 passed by the respondent No. 3- Licensing Authority refusing to renew the Cinema Licence and Booking Licence of the petitioner for the subsequent year on the ground that the Cinema Licence and the Booking Licence of the petitioner were already cancelled by earlier orders dated 1-7-1984 and 22-7-1984 and consequently there was no question of renewing these revoked licences. Learned Counsel Mr. S. R. Shah for the petitioner raised the following submissions in support of the petition: