IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4714 of 2004 Between: M/s. Lakshmi Talkies, rep. By its proprietor M.V.S.Murthy son of N.Suraiah 6-82, T.Nagar , Rajahmundry East Godavari District ..... PETITIONER AND 1 The Joint Collector and Licensing Authority East Godavari Dist Kakinada 2 The Sub-Collector Rajahmundry 3 The Mandal Revenue Officer Rajahmundry (Urban) Rajahumndry .....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 to issue a writ order or direction more particulalry one in the nature of Writ of Mandamus declaring the action of the 1st respondent in initiating proceedings under sec 10 of AP Cinemas (Regulation) Act, 1956 vide show cuase proceedings No.C2/M/172/2004, dt. 1/03/2004 as arbitrary, illegal, improper and unconstituational and consequently direct the 1st respondent not pass any final order till the out come of Crime No.85/2004 registered by the SHO. I-Town, (Law & order) police Station, Rajahmundry and pass Counsel for the Petitioner:MR.V.V.N.NARASIMHAM Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: None appears for the petitioner. No counter is forthcoming from the respondents. The petitioner seeks a writ of mandamus declaring the action of the first respondent/Joint Collector & Licensing Authority, East Godavari, Kakinda in initiating proceedings under Section 10 of the A.P. Cinemas (Regulation) Act, 1956 vide show cause proceedings No. C2/M/172/2004, dated 01-03- 2004, as illegal and arbitrary and consequently to direct the first respondent not to pass any final orders till the outcome of Crime No.85 of 2004 registered by the Station House Officer, I-Town (Law & Order), Police Station, Rajahmundry. At the time of admitting the writ petition on 15.03.2004, this Court directed the licensing authority to proceed with the enquiry and not to pass any final orders of cancellation, pending disposal of the writ petition. In the circumstances of the case, I am of the opinion that suspension of the licence is only during the pendency of the enquiry and it cannot be a final order. Having regard to the facts of the case, the writ petition is disposed of directing the respondents to conduct enquiry if not already conducted and pass final orders in accordance with law. If any adverse orders are passed, it is always open to the petitioner to question the same. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:17.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{GR}