BHABATARAN PAUL Vs. BHAMINI RANJAN CHATTERJEE

JUDGEMENT

(1.) This case raises a question of law, viz., whether an order refusing to grant extension of time for completing the construction of a building intended for a cinema house, passed under Sub -rule (5) of Rule 4 of the West Bengal Cinema (Regulation of Public Exhibition) Rules, 1956, is appealable under the provisions of Sec. 5(4)(a) of the West Bengal Cinemas (Regulation) Act, 1954. If the answer to this question be in the negative as the Petitioner contends, then the impugned order of the Commissioner at annEx. D at p. 18 of the petition would be without jurisdiction.

(2.) The facts leading to that order shortly are that the Respondent No. 1 made an application for construction of a permanent cinema house at Galsi sometime in the year 1962, which was allowed by the District Magistrate on October 1, 1963. According to the Rules the Respondent was to complete the construction of the cinema house within six months, viz. by March 31, 1964, and if he failed to do that according to the Rules the permission so granted would lapse. Before, however, the statutory period elapsed the Respondent No. 1 made a further application in terms of Sub -rule (5) of Rule 4 for an extension of the period of time within which he could complete the construction. In the meantime, sometime in February, 1964, the Petitioner, who was holding a temporary cinema house, made an application to the District Magistrate for the grant of a permanent cinema licence.

(3.) The Respondent No. 1's application for extension of time was, however, rejected by the District Magistrate, holding that there was no sufficient reason for granting an extension, by an order which is annEx. B to the petition. It is against that order that the Respondent No. 1 preferred his appeal to the Commissioner under Sec. 5(4)(a) of the Act, which is the only provision relating to the right of appeal. The Commissioner overruled the objection that no appeal lay against the order and, coming to the merits reversed the Collector's order and granted extension of time for six months to complete the construction of the cinema house with effect from October 1, 1964.