VEENA THEATERS PVT LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been preferred by private limited company and its Managing Director, who is also a shareholder of the company, challenging the validity of the order contained in memo no. 2737, dated 11.11.99 (Annexure 3), whereby the cinema hall owned by the petitioner company has been directed to close down its business of exhibiting films for the general public until further orders.

(2.) EXHAUSTIVE arguments have been advanced on behalf of the petitioners as well as the licensing authority, and I must give credit to the learned counsel for their lucid and exhaustive arguments. During the course of arguments, learned SC II informed the Court that the petitioner company has approached the licensing authority with sincerity of purpose to rectify the defects to the complete satisfaction of the licensing authority and with the further undertaking not to repeat the same in future. Learned SC II has also placed before me photocopies of two letters exchanged between the parties showing inclination to withdraw the writ petition, in the event of which the impugned order shall automatically stand withdrawn, but subject to the condition that the petitioner company shall rectify all the defects mentioned in the show cause notice/contained in memo no. 2272, dated 16.9.99 (Annexure 1), within a fixed period.

(3.) LEARNED SC II invited my attention, in particular to defect no. (4), occuring in the aforesaid show cause dated 16.9.99 (Annexure 1), which is set out hereinbelow for the facility of quick reference :