AMRAPALI CINEMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD . A counter affidavit has been filed on behalf of the State. Having heard the parties at the stage of admission and with their consent, the writ application is being disposed of.

(2.) THE present writ application is directed against Annexure -8, an order of the Licensing Authority - cum -District Magistrate, Patna being order dated 7.8.2006 by which he has ordered the temporary suspension of exhibition of cinema in the petitioner 'shall on the sole ground that the petitioner was in arrears of entertainment tax as informed by the entertainment tax authorities. His cinema exhibition would remain suspended till he cleared the entertainment tax dues.

(3.) IT is submitted that as the petitioner was exhibiting films without valid licence and if the order impugned in Annexure -8 is quashed, it would then permit petitioner to continue exhibiting films illegally under authority of this Court. In his submission, this is not permissible as if by setting aside an illegal , another illegal order is revived. Court in this extraordinary jurisdiction will not interfere. Lastly, it is submitted by learned Additional Advocate General III that the petitioner having concealed the aforesaid fact, interference in writ jurisdiction should not be made.