RUPCHAYA CINEMA HOUSE Vs. DISTRICT MAGISTRATE 24 PARGANAS

JUDGEMENT

(1.) The petitioner No. 1, a registered partnership firm with petitioners Nos.2, 3 and 4 as partners, are the holder of a permanent cinema licence. This license has been granted under the West Bengal Cinemas (Regulation) Act, 1954 (hereinafter referred to as the said Act), for exhibition by a cinematograph at Repachaya Cinema at Kankapara, Village Berachampa, P.S. Deganga, in the District of 24-Parganas. The said licence was granted on May 8, 1970 for one year and is being renewed every year and is still remaining valid and enforcible and the petitioners are carrying of the business of exhibition of films by cinematograph at the said Rupchaya Cinema.

(2.) The respondents Nos.5 and carried on business under the name and style of banirupa Cinema at the same village Berachampa under a temporary indoor cinematographic licence. The licence expired in first week of June 1971 and the petitioners objected to renewal of the said license and the license was not renewed. Thereafter the said respondents again attempted issue of temporary license in their favour and objections against the issue of such license was duly filed by the petitioner on July 11, 1971. The petitioners was given no hearing in support of the objection nor was any enquiry made on behalf of the respondent No.1. The petitioner Ramzan Ali sometime September 1971 found the said respondents renovating and decorating the said cinema building and on enquiry came to learn from them that they have applied for and would soon be getting a cinema license. The petitioners being apprehensive filed a Title Suit No. 152 of 1971 and obtained an interim injunction restraining the said respondents from using any license or running the cinema business. In spite of the said order, the said respondents started exhibition of films at the said cinema. Apprehending breach of peace the said petitioner made an application before the Sub-Divisional Magistrate at Barasat under section 144(2) of the Code Criminal procedure and on September 23, 1971 the learned Magistrate passed order restraining them from running the cinema show at Banirupa Cinema for sixty days. On September 26, 1971 the said respondents appeared before the Magistrate and produced a temporary license granted by the District Magistrate whereupon the prohibitory order was stayed. The petitioners thereupon came to learn that temporary cinema license was granted to the said respondents.

(3.) On the contention that the grant of the temporary cinema license was in direction violation of the provision to Rule 8(2) of the West Bengal Cinemas (Regulation of Public Exhibition) Rules 1956, (hereinafter referred to as the said rules), Banirupa cinema being much less than half a mile's distance from the petitioners' cinema house and that such license was granted without requisite enquiry and without hearing the petitioners on their objection, the petitioners moved this Court in constitutional writ jurisdiction praying for a writ in the nature of mandamus commanding the respondents to act and proceed in accordance with law to rescind withdraw or cancel the temporary indoor cinema license granted in favour of the respondents Nos. 5 and 6 and also to forbear from issuing any such license within half a mile of the said cinema. A writ in the nature of certiorari was also prayed for quashing the records and proceedings relating the said license.