NARENDRA PRASAD Vs. STATE

JUDGEMENT

(1.) By this writ application the petitioners have prayed for a writ in the nature of certiorari and have prayed for quashing Annexures-2 and 3 of this writ application.

(2.) By Annexure-2 (dt. 13-9-85) the State of Bihar (Respondent 1) in reply to a letter dt. 2-5-85, sent by the Licensing Authority (the District Magistrate)(Respondent 2) approved the construction of a permanent Cinema Hall named as "Gupta Mini Cinema" at Aurangabad. By Annexure-3 (dt. 12-10-85) the Licensing Authority (the District Magistrate) (Respondent 2), with the prior approval of the State of Bihar (Respondent 1), vide Annexure-2, permitted Sri Laxami Prasad (Respondent 3) to construct a permanent Cinema building known as "Gupta Mini Theatres."

(3.) The learned counsel for the petitioners submitted that the impugned Annexure-3 was in violation of R.4(a)(ii), (iii) and (iv) of the Bihar Cinema (Regulation) Rules, 1974 (hereinafter referred to as the Rules'), as amended by Cl.(d) of the Notification No. 739 dt. 30-5-1978. The other limb of the submission advanced by the learned counsel for the petitioners was that the State of Bihar (Respondent 1) could not usurp the statutory duties of the Licensing Authority (the District Magistrate) (Respondent 2) and grant permission for construction of the Cinema building and hence Annexure-2 needed to be quashed.