KALPANA THEATRE VIZIANAGARAM Vs. JOINT COLLECTOR VIZIANAGARAM

JUDGEMENT

(1.) Challenge is made to the order passed by the Joint Collector, Vizianagaram, licensing authority under A.P. Cinema (Regulation) Rules, 1970 imposing a fine of Rs. 10,000/- on the petitioner-cinema theatre in terms of Section 9 of A.P. Cinemas (Regulation) Act, 1955 (for short "the Rules"), for running the theatre without valid licence and certificate from 1-1-1995 to 20-2-1995, in the present writ petition.

(2.) The facts which are not in dispute and relevant for disposal of the writ petition are as under: The petitioner-cinema theatre obtained B-Form licence, which was renewed from time to time. It applied for renewal of licence on 11-7-1994 upto 30-6-1997 by remitting an amount of Rs. 375/-by way of challan No. 661 dated 11-7-1994. The second respondent, Revenue Divisional Officer, Vizianagaram, renewed B-form licence upto 31-12-1994 as Management had produced electrical certificate which is valid upto 31-12-1994 and directed the Management to apply for further renewal well in advance vide RC No. 4638/93-H dated 9-8-1994. On petitioner producing electrical and fire certificates, valid upto 31-12-1995, licence was renewed from 28-2-1995 to 31-12-1995. Since during the interregnum period i.e., from 1-1-1995 to the date of commencement of renewal i.e., 28-2-1995 the petitioner run the theatre without valid certificate, a show-cause notice dated 7-5-1995 was issued calling its explanation. On petitioner submitting explanation, the impugned order came to be passed by the Licensing Authority. Challenging the same, the present writ petition has been filed contending that once application filed on 11-7-1994 seeking renewal of B-Form licence upto 30-6-1997, the Licensing Authority ought to have renewed licence upto 30-6-1997 but not from 28-2-1995 till 31-12-1995. As per proviso-4 to Rule 12-B, if the Licensing Authority does not either renew or refuse to renew or return for reasons to be recorded in writing before the date of expiry of the licence, he shall grant a temporary permit in Form-C and as per sub-rule 7(b) of Rule 13 which contemplates that in case no such permit or order of refusal is received before the date of expiry of the licence, the licensee shall be deemed to be a valid holder of licence, therefore imposing penalty on the management of the petitioner-theatre is arbitrary and illegal and the same is liable to be dismissed.

(3.) It is not in dispute against any such order passed by the Licensing Authority, an appeal lies to the Government, but the petitioner without availing alternative remedy, straight away invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.