(Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) Heard learned counsel on either side.
Special Civil Application has been preferred seeking writ of certiorari to quash order dated 2.8.2009 cancelling license of the petitioner for conducting Cinema.
The complaint was that the petitioner was exhibiting uncertified film in the theater.
Learned Counsel submitted that before exercising powers under Section 8 of the Bombay Cinemas (Regulation) Act, 1953,(here-in-after referred to as the Act ), he should at-least have been given opportunity to show cause.
Admittedly, it is not done by the authorities. Since proviso to Section 8 of the Act has not been complied with, we are inclined to set aside order dated 2.8.2009 and leave it to the authorities to pass appropriate orders in accordance with law. It is open for the petitioner to run cinema theater on condition that he will file undertaking to the effect that he will not exhibit uncertified film in the theater.
Appeal is allowed. Order of the learned Single Judge is set aside.
Appeal is disposed of. Civil Application also stands disposed of accordingly.
Direct service is permitted.
(K.S.RADHAKRISHNAN,C.J.) (AKIL KURESHI,J.) (raghu) Top