DEEPAK THEATRE DHURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Civil Writ petitions Nos. 1750 to 1955 and 1958 of 1971 and 6300 to 6306 of 1976 which involve the same question of law. The facts in the judgment are being given from C.W. P. No. 6300 of 1976.

(2.) The petitioners is running a Cinema at Dhuri. It has been granted a licence by the District Magistrate, Sangrur, respondent No, 2 under Section 5 of the Punjab Cinemas (Regulation) Act, 1952(hereinafter referred to as the Act). It is alleged that it made three classes and fixed rates for each class. Respondent No. 2 vide order dated Feb 26, 1971 passed an order fixing the rates of the classes, which were lower than those prescribed by the petitioner and directing it further to create one more class, the entrance fee of which be fixed at 0. 80 paise. That order was challenged by the petitioner in Civil Writ Petition No 1752 of 1971. There after respondent No. 2 again made new classes by abolishing earlier ones and fixed different admission rates vide order dated Aug. 26, 1976. It may be mentioned that even these rates were less than those fixed by the petitioner.The petitioner challenged the aforesaid order in C. W. P Nos. 6300 of 1976. The writ petition has been contested by the respondents.

(3.) The only question that arises for determination is an to whether condition 4 of the licence authorizing the licensing Authority to make classes in the Cinema Halls and fix their rates is valid. In order to determine the question it will be relevant to refer to the scheme and some of the section of the Act. The preamble of the Act is in these words:-