IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 20053 of 2004 Between: V. Venkateswara Rao, S/o Late V. Ananda Naidu, Anand Theatre, Vellore Road, Chittoor. ..... PETITIONER AND 1 Government of Andhra Pradesh, Home (General.A) Department, rep. by its Prl. Secretary, Secretariat, Hyderabad. 2 The Joint Collector, Chittoor District, Chittoor. 3 Revenue Divisional Officer, Chittoor. .....RESPONDENTS 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 a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the proceedings issued by the 2nd respondent in Roc.C1/5038/2002dt. 26-10-2004 as illegal, arbitrary and unconstitutional Counsel for the Petitioner: MR.P.GOVIND REDDY Counsel for the Respondents: G.P. for Home. The Court made the following : ORDER: The petitioner questions the order of the Joint Collector, Chittoor, in Roc.C1/5038/2002, dated 26.10.2004 in suspending his B-Form licence under Section 10(2)(b) of the Andhra Pradesh Cinemas (Regulation) Act, 1955 (for short ‘the Act’). The B-Form licence of the petitioner was cancelled by the Joint Collector- second respondent under Section 10 (2)(b) of the Act on 5.03.2003 for certain irregularities said to have been committed by him. Against the said cancellation order, the petitioner filed appeal before the first respondent-Government on 15.03.2003, and the Government by its order dated 17.03.2003 granted stay of operation of the order passed by the Joint Collector. But after receiving remarks and records, the Government dismissed the said appeal vide G.O.Rt.No.1062/Home (General-A) Department, dated 16.07.2004 directing the Joint Collector to take necessary action in the matter immediately. After the said order of the Government, dated 16.07.2004, the Joint Collector passed an order dated 10.08.2004 imposing penalty of Rs.10,000/- directing the licensee to rectify all the defects as pointed out in the show cause notice and send compliance report to the Collector, Chittor immediately. Pursuant to the said order, the Government issued telegram dated 16.09.2004 to the Joint Collector for taking appropriate action if the penalty amount is not paid on or before 5.10.2004. It is stated that the petitioner has paid the entire amount before 5.10.2004 itself i.e., an amount of Rs.3000/- on 10.09.2004, Rs.2000/- on 22.09.2004 and Rs.5000/- on 5.10.2004 respectively. Thus it is stated that before the cut off date of 5.10.2004 the entire penalty amount has been paid by him. After payment of penalty amount, it appears that the Government, vide its G.O. letter dated 7.10.2004 ordered for suspension of the B-Form licence of the petitioner. Pursuant to the said Government letter the Joint Collector having collected the amount of Rs.10,000/- passed the impugned order on 26.10.2004 pursuant to the dismissal of the appeal suspending the licence for a period of two months and remitting the penalty amount of Rs.10,000/- to the petitioner. The petitioner questions the said order on the ground that the order of the Joint Collector dated 26.10.2004 is without giving any notice and without providing any opportunity to the petitioner, and the impugned order has been passed behind the back of the petitioner based on the G.O. letter of the Government, which is arbitrary and illegal. The Government dismissed the appeal in G.O.Rt.No.1062, dated 16.07.2004, vacating the stay granted earlier vide its memo dated 17.03.2003. As per the earlier order of the Joint Collector, the B-Form licence of the petitioner shall stand suspended. But, however, the Joint Collector imposed a penalty of Rs.10,000/- by order dated 10.08.2004 vide his proceedings in Roc.C1/5038/2002. When once the Joint Collector himself passed orders dated 5.03.2003 suspending the licence, as confirmed by the Government in the appeal filed by the petitioner, he has no right or authority to levy a penalty de horsing the earlier suspension order. However, the said penalty amount has already been paid by the petitioner. Therefore, I am of the opinion that the order of the Joint Collector dated 10.08.2004 in imposing penalty of Rs.10,000/- in lieu of suspension of licence is illegal and arbitrary. In view of the facts of the case, it is for the concerned disciplinary authority to take appropriate action against the then Joint Collector for passing such illegal order dated 10.08.2004. But, however, as the petitioner has already paid the said penalty amount of Rs.10,000/-, and though he has not challenged the earlier order of the Government in G.O.Rt.No.1062, dated 16.07.2004, I am of the opinion that to meet the ends of justice, the levy of penalty of Rs.10,000/- is sufficient punishment in lieu of suspension of licence under Section 10 (2)-A of the Andhra Pradesh Cinemas (Regulation) Act, 1955. Having regard to the facts and circumstances of the case, the order of the Government in G.O.Rt.No.1062, dated 16.07.2004 and the impugned order passed by the Joint Collector, dated 26.10.2004 are modified imposing the penalty of Rs.10,000/- on the petitioner under Section 10(2-A) of the Act. However, the petitioner shall comply with all the defects pointed out in the show cause notice and if the said defects are not rectified, it is open for the respondents to take appropriate steps in accordance with law. Accordingly, the Writ Petition is disposed of. No costs. __________________ (V. ESWARAIAH, J.) 16th July, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of Andhra Pradesh, Home (General.A) Department, rep. by its Prl. Secretary, Secretariat, Hyderabad. 2 The Joint Collector, Chittoor District, Chittoor. 3 Revenue Divisional Officer, Chittoor. 4 2 CCs to G.P. for Home, High Court of A.P. Hyderabad.(OUT) 5 2CD copies. Form-NIC-OGS/WP{VSMI}