MADAN MOHAN PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shree Nath Singh for the petitioner, learned Advocate General for the State and Mr. Balbhadra Prasad Singh for the intervener. The petitioner has prayed for quashing Annexures 5 and 8/A. The challenge of Annexure 5 is only to that part of the order by which the period of licence of the petitioner was limited to 31.7.1985. In pursuance of Annexure 5, issuance of Annexure 8/A was a foregone conclusion. The question, however, that remains for consideration is whether the State Government was justified in limiting the licence of the petitioner till 31.7.1985 The provisions of Rule 10 of the Bihar Cinemas (Regulation) Rules, 1974, are relevant in this connection. This rule provides that the license granted under rule 8 shall be valid for a period of three years In pursuance of Rule 10 of the Rules, the licence has to be effective till the expiry of three years which would end in this case on 31.12.1985. The limiting of the licence upto 31.7.1985 was thus clearly against the clear provisions of Rule 10.

(2.) Mr Balbhadra Prasad Singh learned counsel for the intervenor, submitted that since the building in which the cinema was being exhibited belongs to the intervenor and since the lease in respect of the building was to expire on 31.7.1985, the authorities were fully justified in limiting the duration of the licence till 31.7.1985. Learned counsel for the petitioner has shown to us a photo copy of the lease executed between Bishwanath Prasad and the petitioner. Clause (4) of the lease reads as follows : -