NIRANJAN KUMAR Vs. STATE OF RAJ AND ORS

JUDGEMENT

(1.) This is a writ petition filed under Arts. 226 & 227 of the Constitution of India for the enforcement of fundamental rights of the petitioner under Arts. 14, 19(l)(g) and 300-A of the Constitution of india in the matter of Rajasthan Cinemas (Regulation) Act, 1952 and Rajasthan Cinemas (Regulation) Rules, 1959. The petitioner by this writ petition has sought to challenge the impugned order, dated 2nd March, 1983, passed by the Sub-Divisional Magistrate-cum-Licensing Authority, Beawer, District Ajmer directing seizure of the T.V. cum V.D.O. set from the petitioner's restaurant.

(2.) It has been contended in the writ petition that the petitioner is doing the business of running a restaurant at Champa Nagar, Beawer in the name and style of 'V.D.O. Restaurant'. During the course of his business, the petitioner had installed a T.V. cum V.D.O. set at his business premises and that as required under the provisions of Indian Telegraph Act, 1885 the petitioner had obtained a licence for the possession of television set referred to above and the said licence was valid up to 31st December, 1993 and renewable from year to year.

(3.) That entry 60 of the Union list in the seventh schedule of the Constitution of India empowers Parliament to make laws in regard to sanctioning of cinematograph films for exhibition. The Cinematograh Act, 1952 (Act 37 of 1952) was enacted by the Parliament in exercise of its powers conferred by entry 60 of the Union list referred to above.