IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 14157 of 2004 Between: M/s.Chandra Theatre,Dharmapuri, Karimangar Dist. ..... PETITIONER AND 1 Govt. of A.P., rep.by its Prl.Secretary, Home Department, Secretarait Buildings, Hyderabad. 2 The Joint Collector & Licensing Authority, Karimnagar Dist. 3 Gopikrishna Theatre, Dharmapuri, Karimnagar Dist. 4 The Mandal Revenue officer, Dharmapuri Mandal, Dharmpuri, Karimnagar Dist. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the proceedings of the 1st respondent in G.O.Rt.No.999 Home (Genl.A)Department, dated 6-7-2004 as illegal, null void, arbitrary and against the principles of natural justice, and to pass. Counsel for the Petitioner:MR.K.DURGA PRASAD Counsel for the Respondent No.: GP FOR HOME The Court made the following : Form-NIC-OGS/WP{JA} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.14157 OF 2004 ORDER: No counter has been filed either by the first respondent or by the second respondent. It is the case of the petitioner that pursuant to a complaint filed by the third respondent-the rival theatre owner, the Joint Collector and Licencing Authority, Karimnagar suspended the B- Form Licence of the petitioner- M/s.Chandra Theatre, Dharmapuri, Karimnagar District, against which, the petitioner filed an appeal before the Government and the Government after hearing the petitioner and the complainant, allowed the appeal by setting aside the order of the Joint Collector. It is stated that the order of the Government in G.O.Rt.No.1038, Home (General-A) Department, dated 23-8- 2002 has become final, but however, though there was no any power of review, the Government again issued a notice stating that the matter is posted for hearing on 26-11-2002. The said notice was served on the petitioner on 26-11-2002 and therefore, he could not appear before the Government, therefore, the petitioner appeared before the first respondent on 27-11-2002 and submitted his explanation. It is stated that without considering the explanation and without hearing further, the Government passed orders about two years thereafter by passing the impugned G.O.Rt.No.999, Home (General-A) Department, dated 6-7-2004 canceling the earlier orders of the Government in G.O.Rt.No.1038, dated 23-8-2002, confirming the cancellation of B-Form Licence. Aggrieved by the same, the petitioner filed this writ petition. This Court while admitting the writ petition granted interim suspension on 4-11-2004, which was made absolute on 29-6- 2005. No counter is forthcoming disputing the averments made in the affidavit. The perusal of the impugned order goes to show that no opportunity was given to the petitioner while passing the second order canceling the earlier Government Order. It is stated that though the Government allowed the appeal and if there is any power of review, the Government ought to have given a reasonable opportunity before canceling the earlier Government order. Having regard to the facts and circumstances of the case, the writ petition is disposed of, setting aside the impugned order of the Government and the matter is remitted to the first respondent to give a reasonable opportunity to the petitioner and pass appropriate orders in accordance with law. No order as to costs. ________________ V.ESWARAIAH,J Date: 3-07-2008. Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Govt. of A.P., rep.by its Prl.Secretary, Home Department, Secretarait Buildings, Hyderabad. 2 The Joint Collector & Licensing Authority, Karimnagar Dist. 3 Gopikrishna Theatre, Dharmapuri, Karimnagar Dist. 4 The Mandal Revenue officer, Dharmapuri Mandal, Dharmpuri, Karimnagar Dist. 5.2CCs to 6.2CD copies