A. MALLIKARJUNA RAO Vs. JOINT COLLECTOR, KHAMMAM

JUDGEMENT

(1.) THIS writ petition for issue of a writ of Certiorari or any other appropriate writ is to quash the order of the Joint Collector, Khammam in Rc. No. C. (M)/668/79 dated 24 -9 -1979 imposing a penalty of Rs. 10,000/ - under S. 9 of the A.P. Cinemas (Regulation) Act 1955 for alleged violation of R. 8 of A.P. Cinemas (Regulation) Rules 1970 read with S. 9 of the Act.

(2.) THE facts which lead to the passing of this order in brief are: - - The petitioners applied for grant of permission to construct a Cinema theatre under the provisions of the A.P. Cinemas (Regulation) Act 1955 read with the Rules made thereunder, on 30 -3 -1979. According to the petitioners, 16 -6 -1979 was an auspicious date for laying the foundation for the building. He, therefore, laid the foundation and started construction on that day. On 3 -7 -1979 the Revenue Divisional Officer inspected the site and asked the petitioners to stop further construction and the petitioners stopped it. The Joint Collector after issuing a notice as to why the construction should not be treated as unauthorised, imposed a penalty of Rs. 10,000/ - by the order now impugned in this writ petition.

(3.) EVEN though the said period of 90 days expired on 28 -6 -1979, the petitioners were not informed about the grant of permission or its refusal. Therefore, under the proviso, the permission would be deemed to have been granted. However, the foundation stone having been laid and some construction however small, having been made on 16 -6 -1979 and for a few days thereafter, that construction was deemed to be unauthorised and contravention of R. 8 of the said Rules and the Joint Collector imposed a fine of Rs. 10,000/ -.