BIRENDRA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India is on behalf of one of the partners of M/s. Veena Theatres (a cinema house) in the town of Patna. The prayer is to declare Section 5 (2) of the Bihar Cinema (Regulation) Act, 1954 (hereinafter to be referred to as the Act) and condition No. 8 of the licence (Annexure 1) to be ultra vires, illegal and without jurisdiction. It has also been prayed to quash Annexure 2, a notice dated 24th October, 1975, issued by respondent No. 2.

(2.) According to the petitioner, a permanent cinema licence dated 16th September, 1974, was granted to him by the District Magistrate, respondent No. 2, under the powers conferred upon him under Section 3 of the Act. The petitioner under that licence has been running the cinema business of M/s. Veena Theatre. A copy of the licence along with an endorsement made thereon on 21st February, 1975, has been marked as Annexure 1 to this writ application. It appears that a notice (Annexure 2) issued by the District Magistrate respondent No. 2, was served on the petitioner informing him that the period of the licence was to expire on 31st December, 1975 and, therefore, for the purpose of renewal of the licence for the year 1976, he should produce by 25th November, 1975, the following certificates from:-- (a) the Branch Manager, Films Division, Calcutta, (b) the Executive Engineer, P.W.D., Patna, regarding structural soundness of the cinema building, (c) Chief Electrical Inspector, Bihar, Patna, (d) Clearance cer- tificate of entertainment tax, (e) Adhisthan Agnisam Padadhikari, Patna, (f) Treasury Chalan regarding payment of prescribed fee, (g) Municipal tax payment certificate.

(3.) Mr. Shreenath Singh, learned counsel, appearing on behalf of the petitioner submitted that Section 5 (2) of the Act and condition No. 8 of the licence, which provided for suspension or cancellation of the licence in case the licensing authority was satisfied that the licensee has violated the provisions of Sections 6, 7, 9 (5) or 9 (6) of the Bihar Entertainment Tax Act, 1948, or of Rule 4 or Rule 17 (4) or Rule 23 of the Rules made thereunder were ultra vires. Alternatively, he also urged that even in case Section 5 (2) of the Act and condition No. 8 of the licence were not held to be ultra vires, respondent No. 2 had no jurisdiction under the Act and the Rules made thereunder to ask the petitioner to produce the different certificates mentioned in Annexure 2. According to him, the licence granted to him on 16th September, 19.74, and renewed on 21st August, 1975, was to be valid for three years from 2lst August, 1975. i. e., up to 21st August 1978, and. as such, there was no question of renewal.