BHOLA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in all these five writ applications are proprietors and owners of cinema houses situated in the heart of metropolis of Patna. The petitioner in C. W. J. C. No. 409 of 1969 is the proprietor of Elphiston Picture Palace. The petitioner of C. W. J. C. No. 410 of 1969 is the proprietor of Regent Theatre. The petitioner of C. W. J. C. No. 411 of 1969 is the proprietor of Pearl Cinema. Petitioners 1 to 3 of C. W. J. C. No. 412 of 1969 are the manager and proprietors of Rupak Cinema and the petitioner of C. W. T. C. No. 413 of 1969 is the proprietor of Ashok Cinema. In all these five petitions common questions of law and facts arise and, therefore, all these petitions have been heard together and this judgment will govern all these cases.

(2.) The petitioners in all these cases have sought for a declaration that the direction contained in Annexure "4D" to the petitions be declared as ultra vires, void and illegal; that a writ in the nature of a writ of certiorari be issued quashing the order of respondent No. 2, contained in Annexure "7" to the petitions and further that they have also sought for the relief that a writ in the nature of mandamus be issued permanently restraining the respondents, that is, the State of Rihar and the District Magistrate, Patna from enforcing the impugned direction regarding the air conditioning of the cinema houses as a condtion precedent to the renewal of their licences.

(3.) The relevant facts which are not disputed and which have given rise to these apparitions may be briefly stated as follows: The petitioners are citizens of India and have been carrying on the business of exhibiting cinematograph films within the town of Patna within the limits of Patna Municipal Corporation from a very long time. It appears that sometime in the year 1961 the Government took a decision that these cinema houses should be air conditioned. Annexure "4D" which is one of the impugned documents is a letter dated the 13th of January, 1961 from the District Magistrate, Patna addressed to the different cinema houses including the present petitioners regarding the air conditioning of the cinema houses at Patna. It was stated in the letter that the proposal for air conditioning of the cinema houses at Patna was under consideration of the Government for a long time but the same could not be executed due to some difficulties and further that licences to the Cinema houses were granted on the condition that they will have to be air conditioned as soon as the machines and necessary electric-energy for air conditioning will be available. It was further stated in the letter that the Government had decided that the Cinema houses of these present petitioners must be air conditioned within two years, that is, till the 31st of December, 1962. A warning was also given to them in this letter that if the cinema houses are not air conditioned by the 31st of December, 1962, then the licences will not be renewed with effect from January, 1963, The petitioners could not air condition their Cinema houses and then the Government sent another letter which, is Annexure "4C". This letter is dated the 15th of January, 1962 and it was from Sri S. C. Chaudhari, Under Secretary to the Government of Bihar, Political General and Transport Department (General Branch) and addressed to the Branch Secretary, Bengal Motion Picture Association, Janak Kishore Road, Kadam Kuan, Patna. It was also on the subject of air conditioning and it may also be noted that the foot note of this letter shows that copies of this letter had been also forwarded to the present petitioners. It appears from this letter that the Association had sent a letter to the Deputy Minister General Administration and there was also a joint representation of the proprietors of the Cinema houses at Patna to the Government. In the letter it was stated that the Government had decided that the condition imposed in the licences in respect of Ashok Cinema, Veena Theatre and Rupak Theatre should not be withdrawn as the original licences were granted to them on the condition that they should ultimately air condition their respective Cinema houses on the availability of air conditioning plants. As reeards Elphistone Picture Palace, Pearl Theatre and Regent Cinema, it was stated in the letter that their cases were duly considered and with an eye to the con-fort and other amenities of the cinegoers, the Government had also been pleased to decide that they should also air condition their Cinema balls by 1962. It was also pointed nut in that fetter that this should be apprcciated that the Government had allowed ample time to air condition their Cinema houses and they see no reason as to why they would feel any difficulty if they start making sincere efforts right then with a view to completing the air conditioning of their Cinema houses by the tar-Get date. It was also impressed on them that it was the necessity which should have been done in public interest. The question whether there was such a condition precedent before the last renewal is a matter which I will deal separately when I take up a discussion of the points which have been urged for consideration. The next letter to which I would refer in accordance with the chronological order is Annexure "4G". This letter is dated the 16th of March, 1964. This was from the Additional Secretary to the Government of Bihar, Political General and Transport Department (General Branch). A copy of this was sent to the District Magistrate and also to the Sub-Divisional Officer, Sadar, Patna. In this letter it was stated that on consideration of all the matters contained in the letter dated the 11th of January, 1964 from the proprietors of all the Cinema houses, the Government had arrived at this conclusion that the availability of foreign exchange according to necessity seems impossible within a short period and hence on reconsideration of the letter, it was the decision of the Government that the time given to the said proprietors of the Cinema houses upto the 31st of June, (?) 1964 be extended to the 31st of December, 1966. At the same time the proprietors of the Cinema houses concerned were also warned that if the Government find that any Cinema owner has not taken proper step in this direction during this period, then in that case, after the expiry of that period, his licence will be cancelled. It was also requested in that letter that the period of licence of all the Cinema owners of Patna be extended and notices be issued to them in this respect under legal advice. I would then refer to the letter Annexure "4F". This letter is dated the 28th of July, 1966 and it was also from the Secretary to the Government of Bihar, Political General and Transport Department (General Branch) addressed to the District Magistrate, Patna. A copy of this letter was forwarded to the Honorary Secretary, Eastern Indian Morion Pictures Association aforesaid. It is clear from this letter that although directions and warnings had been given yet till the 28th of July, 1966 the air conditioning had not been done. It was stated in the letter that the Government after reconsidering all the aforesaid facts contained in the petition dated the 15th of March, 1966 filed by the Honorary Secretary of Eastern Indian Motion Pictures Association, Patna Branch, the Government have decided that as per direction given to all the Cinema proprietors of Patna, the time given to air condition by the 31st of December, 1966 may be extended for two years, that is, upto the 31st of December, 1968 on this condition that they will air condition their respective Cinema houses within that period. Request was also made in this letter that the contents of this letter may be communicated to the proprietors of the Cinema houses at Patna. The next letter to which I would refer in its chronological order is Annexure "8". This was a letter addressed to all the Cinema houses concerned and it is dated the 12th of October, 1968. The attention of all the Cinema owners was drawn in respect of the air conditioning of their Cinema houses and they were requested to inform within a week as to what step had been taken by them regarding air conditioning by the 31st of December, 1968, failing which necessary steps would be taken by the Government in respect of to same. The next letter in this connection is Annexure "4E". This was a letter dated the 19th of March, 1969 from the District Magistrate inviting the attention of the Cinema owners to this effect that neither they had sent any report as to what steps they had taken for the air conditioning nor they had air conditioned the Cinema houses as per Government order. It was definitely stated in the letter that the cinema licences which were in force upto the 31st of March, 1969 will not be renewed. In response to this letter another representation was filed to the District Magistrate, Patna and it is Annexure "4A". The District Magistrate again by the letter (Annexure "4B") dated the 29th of March, 1969 drew the attention of the Cinema owners concerned to the letter dated the 19th of March, 1969 and also stated that no steps had been taken by them for the purpose of air conditioning their Cinema houses and, therefore, as their existing licences expire on the 31st of March, 1969, they are extended for a further period or one month beyond the 31st of March, 1969 and again a note of warning was given that they were cautioned that even if they failed to initiate necessary action for air conditioning within the extended period, the Government may not extend the licences any further. The last letter in this connection is the impugned letter which is sought to be declared ultra vires and it is dated the 29th of April, 1969 (Annexure "7"). In this letter it was stated that the Cinema owners had been cautioned to the effect that the sanction for renewal given by the Government was for only one month after the 31st of March, 1969 and it is definitely stated in this letter that if no concrete and definite step for air conditioning their Cinema buildings was taken during the aforesaid period of renewal, the Government would not extend the period of licences. It was also stated that the Sub-Divisional Officer had reported that no concrete and definite step for air conditioning had been taken. The District Magistrate in this letter definitely stated that the licences were not being renewed from the 1st of May, 1969.