GANDHI VIDEO PARLOUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A temporary licence was issued by the District Magistrate, Kapurthala in favour of the petitioner/appellant Under Section 5 of the Punjab Cinemas (Regulation) Act, 1952 (hereinafter referred to as 'the Act') for running a video parlour at Loha Mandi Road, Phagwara, District Kapurthala. However, just after two months, the competent authority suspended the licence granted to the petitioner/appellant primarily on the ground that the licence had been issued in violation of Rule 19 (A) (i) of the Punjab Cinemas (Regulation) Rules, 1952 (for short, 'the Rules' ). The petitioner/appellant unsuccessfully appealed against the order dated 8. 9. 1987 passed by the District Magistrate. The Additional Chief Secretary, Punjab dismissed the appeal by holding that violation of the principles of natural justice by the licensing authority was merely an irregularity and it did not affect the validity of the order passed by the said authority.

(2.) THE writ petition filed by the appellant against the orders passed by the District Magistrate and the Additional Chief Secretary has been dismissed on the ground that the licence granted to it was contrary to the provisions of the Act and the Rules.

(3.) HAVING considered the rival contentions, we are of the opinion that the order passed by the learned Single Judge does not call for interference in this appeal.