PRABHAT RANJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE present application is by the petitioner for a direction to the respondents and in particular to the respondent -Collector to grant provisional/temporary licence for exhibiting cinemas as contemplated under the provisions of Bihar Cinema Regulation Act and the Rules framed thereunder and on basis of the approval granted by the State Government, which approval was granted on basis of recommendation of the Collector -cum -District Magistrate himself.

(3.) HAVING heard the parties I am of the view that there is no difficulty in issuing the aforesaid writ. It is not disputed that the petitioner had completed all formalities which were required of him by law for grant of provisional/temporary cinema exhibition licence. The same having been completed, temporary licence was duly issued on recommendation of the Collector with the approval of the State Government for a short period of three months. Then the petitioner applied for grant of temporary licence for a period of one year. The petitioner was asked to take clearance certificates from the Building Construction Department and the Fire Department though in law he was not required to obtain those certificates rather it was the job of the Government to get the same on payment of fee only by the petitioner. The petitioner complied those conditions. All papers were ready. It need not be emphasised to establish even in a small cinema substantial investment has to be made. It cannot lay idle. The petitioner, therefore, was pursuing the matter at the district level. It is now alleged in the counter affidavit that on 11.5.2005 the petitioner was apprehended in the Collector office allegedly with a letter that a general circular issued by the State Government to all the Cinema Magistrates to ensure unauthorised and uncensored films be not displayed in unauthorised manner. On this basis alleging that a Government letter was found in possession of the petitioner which was an unauthorised action.