GULABJI Vs. C T O SIROHI

JUDGEMENT

(1.) -

(2.) THE petitioner in these 15 writ petitions have challenged the vires of sec. 10 (3) of the Rajasthan Entertainments and Advertisements Act, 1957 (hereinafter called 'the Act') and it has been prayed that the said section may be struck down as being violative of Articles 14 and 19 (1) (f) of the Constitution.

(3.) THE Supreme Court in Northern India Caterers Ltd (Private) Ltd. vs. State of Punjab (1) had the occasion to consider a similar question while dealing with sec 5 of Punjab Public Premises and Land (Eviction and Rent Recovery) Act ( 31 of 1959 ). Sec. 5 of that Act provided a drastic remedy authorising the Collector to pass an order of reduction and then to recover under sec. 7 of that Act rent in arrears and damages which he may assess in respect of such premises as arrears of land revenue, On an objection raised by the petitioner that the Act also provided for a suit against such unauthorised occupations, their Lordships held that sec. 5 does not lay down any guiding principle or policy under which the Collector has to decide in which cases he should follow one or the other procedure and, therefore, the choice is entirely left to his arbitrary will. Consequently it was held that sec. 5 by conferring such unguided and absolute discretion manifestly violates the right of equality guaranteed by Art. 14.