LAXMI CINEMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by way of this petition under Art. 226 of the Constitution of India, challenges the order, at Annexure "D", passed by the Deputy Secretary, Government of Gujarat rejecting the appeal and confirming the order, at Annexure "C", passed by the District Magistrate, Valsad suspending the cinema and booking licence of the petitioner for 15 days.

(2.) The facts giving'rise to the present petition are that the petitioner is a proprietor of Laxmi Cinema situated at Navsari. He has been granted cinema licnece as well as booking licence under the provisions of the Bombay Cinemas (Regulation) Act and the Rules framed thereunder. On 10-6-1994, the Entertainment Tax Inspector, Valsad carried out a surprise composite inspection of the petitioner-cinema at 14.00 hours during the first show between 12.30 and 14.30 hours and he found that the management had filled in form No. 17 for maintenance of accounts for sale of tickets. It was shown in the register of form No. 17 that in Balcony Class 14 spectators and in First Class 20 spectators were issued tickets. Thereafter, physical verification of the auditorium in the Balcony class as well as First Class was carried out by the said Inspector, and he found 17 spectators in Balcony class and 28 spectators in the First class. According to the Inspector in all 12 more spectators than the number of tickets issued by the petitioner were there. Upon making report, the District Magistrate, Valsad, who is the licensing authority under the provisions of the Bombay Cinemas (Regulation) Act, issued a show cause notice on 1.7.94 wherein four allegations were made against the petitioner. They are as under :

(3.) According to the Licensing Authority, the petitioner has committed misconduct by contravening Rule 112 of the Bombay Cinema Rules, 1954 and Condition No. 23 of the Licence. The petitioner was therefore called upon to show cause under Rule 131 of the Rules as to why the cinema licence and the booking licence be not suspended/cancelled.