PREM CHANDRA PRAKASH SHARMA Vs. STATE OF UP

JUDGEMENT

(1.) HEARD Shri Navin Sinha, Senior Advocate assisted by Shri Vipin Sinha for the petitioners. Shri Zafer Naiyer, Additional Advocate General has appeared on behalf of State.

(2.) SHRI Zafer Naiyer, Additional Advocate General has produced the order dated 1.7.2009, by which the District Magistrate, Kanpur Nagar has decided not to renew the license of the cinema after 1st July, 2009, and has also produced the original file on which the decision was taken by the District Magistrate.

(3.) SHRI Navin Sinha submits that on the objections of SHRI Om Prasad Agrawal, the District Magistrate arrived a prima facie opinion and thereafter formed a confirmed view on an opinion obtained from the District Government Counsel (Civil), without hearing the petitioner. He would submit that there is no interim order, by which SHRI Sanjay Agrawal was restrained from extending the period of the earlier lease, and that when the opinion of District Government Counsel (Civil) was taken ostensibly on the doubts over the legal position and validity of the renewal of the lease, it is incumbent on the District Magistrate, Kanpur Nagar to hear the petitioner before taking any decision in the matter.