BABAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in this case relates to the renewal of the licence in favour of respondent no. 8 for running a cinema house under the name of Prabhat Talkies established on the land of the petitioner at Jehanabad. The licensing authority, the District Magistrate, Jehanabad by order, dated 12.3.2001 (Annexure -1) passed in Case No. 16/DM/ 1998 -99 found and held that respondent no. 8 was not in lawful possession of the land because its lease had expired on 31.12.1991. He consequently rejected the petition for renewal of the cinema licence. It seems that against the order passed by the District Magistrate, respondent no. 8 preferred an appeal directly before the State Government and the petitioner received a communication, dated 17.5.2001 intimating that the matter was fixed for hearing on the date specified in the letter before the Minister, Urban Development Department, Government of Bihar and further that in the mean while the order passed by the District Magistrate would remain stayed and the film shows in the cinema hall would continue till the disposal of the appeal.

(2.) AT that stage, the petitioner came to this court in CWJC No. 7761. of 2001 challenging the filing of the appeal directly before the State Government and the exparte order passed by the Minister directing for the cinema shows to continue not withstanding the order of the licensing authority rejecting the petition for renewal of the licence. A learned Judge of this court dismissed the writ petition by order, dated 5.7.2001 (Annexure 3). Against that order the petitioner preferred an appeal being L.P.A. No. 664 of 2001. In that appeal, it was conceded by the State counsel that the appeal against the order passed by the District Magistrate would lie before the Divisional Commissioner and bench of this court by judgment and order, dated 6.11.2001 gave the following directions : "Thus, the court hereby certifies that the appeal, which had been filed by the contesting respondent, will be an appeal which will be considered by the Divisional Commissioner having Iocal jurisdiction i.e. to say Divisional Commissioner, Magadh Division, Gaya.The record thus, shall stand transferred to the Divisional Commissioner aforesaid Any ad interim order which had been granted on the appeal, referred to in the communication no. 1399, dated 17 May 2001, to the Additional Secretary, and any other like communication in effect, granting or putting a stay on appeal proceedings shall stand quashed upon a writ of certiorari. The action of the Minister is in excess of delegation of law."

(3.) DURING the pendency of the writ petition, the special appeal preferred by respondent no. 8 was allowed by the Minister, by order, dated 8.10.2002. By this Order, the Minister set aside the orders passed by the Commissioner, Magadh Division and the District Magistrate, Jehanabad and directed the Distirct Magistrate -cum -licensing Authority to renew the licence of respondent no. 8 within seven days of the date of production of the order before him. The petitioner then filed I.A. No. 5054 of 2002 bringing on record (as Annexure 9) the order, dated 18.10.2002 passed by the Minister and making a prayer for its quashing.