IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 15918 of 2004 Between: M/s.Sharada Theatre, Visakhapatnam, Jagadamba Centre, R/o.Visakhapatnam. ..... PETITIONER AND 1 The Principal Secretary, Home Department, Govt. of A.P., Secretariat Buildings, Hyderabad. 2 The Joint Collector and Licencing Authority, Visakhapatnam, Visakhapatnam 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 a writ of Mandamus or any other appropriate writ order or order declaring the orders passed by the 1st respondent in G.O.Rt.No.1042, Home (General.A) Department, dt.13-7-2004 wherein the 1st respondent dismissed the appeal filed by the petitioner and vacated the stay granted by the Government, and confirming the orders passed by the 2nd respondent herein dated 16-5-2002 as illegal, arbitrary and violation of the principles of natural justice and pass. Counsel for the Petitioner:MR.RAMA RAO MAVIDI 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 15918 OF 2004 O R D E R: It is the case of the petitioner that he is the B Form licencee to exhibit the films in Sharada Theatre, Visakhapatnam. While so, based on the report of the Assistant Commissioner of Police, Visakhapatnam North, requesting to cancel the B Form Licence for violation of conditions on the ground that the police registered a case in Crime No.94 of 2002 for the offence punishable under Section 292(2)(a) of the Indian Penal Code and Section 6 of the I.R.W.Act of II Town Law and Order Police Station, Visakhapatnam City, the Joint Collector and Licencing Authority, Visakhapatnam issued a show cause notice in RC.No.308/2002/C1, dated 19-4-2002, calling up on the petitioner to submit his explanation as to why the licence granted him shall not be revoked for violation of Condition No.12(12) of the B-Form Licence. The petitioner submitted a detailed explanation dated 22-4-2002 denying all the allegations and also requested to give reasonable opportunity of personal hearing. The Joint Collector without giving any opportunity of personal hearing, based on the explanation submitted by the petitioner, suspended the B-Form Licence of the petitioner under Section 10(2)(B) of Andhra Pradesh Cinemas (Regulation) Act, 1955 pending finalisation of the criminal case registered against the petitioner on the file of the V-Metropolitan Magistrate, Visakhapatnam. Aggrieved by the suspension order of the Joint Collector and Licencing Authority, Visakhapatnam, the petitioner filed an appeal before the Government. The Government vide Memo No.17184/Genl.A2/2002-1, dated 21-5-2002 stayed the said suspension order and passed final orders in the appeal vide G.O.Rt.No.1042, Home (General.A) Department, dated 13-7- 2004 based on the report sent by the District Collector, Visakhapatnam, stating that as per the report of the District Collector the petitioner has screened obscene films in the theatre and accordingly dismissed the appeal by vacating the interim stay granted earlier. Questioning the said impugned order, the petitioner filed this writ petition. This Court suspended the said order of the Government on the ground that the Government passed the order without giving any notice to the petitioner. The perusal of the Government Order goes to show that no opportunity of personal hearing or any notice of final disposal has been given and no counter has been filed of behalf of the respondents rebutting the allegations. The Government passed the order without giving any notice and accordingly, the said order is liable to be set aside. Even though the order of the Government is set aside, the appellate order of the Government is against the interim suspension for violation of Condition No.12(12) of B Form Licence, pending disposal of the criminal case. It is stated that after filing the charge sheet in Crime No.92 of 2002 of Law and Order Police Station, II-Town, Visakhapatna, the same was numbered as C.C.453 of 2002 on the file of the V-Metropolitan Magistrate, Visakhapatnam and the learned Magistrate by Judgment dated 6-7-2004 acquitted the accused. Therefore, I am of the opinion that the said order of the Joint Collector was only an order of interim suspension and it is not a final order. Having regard to the facts and circumstances of the case, the writ petition is disposed of setting aside the order of the Government, keeping it open for the Joint Collector, Visakhapatnam to issue a show cause notice and take appropriate action in accordance with law, pending final orders by following the principles of natural justice and it is made clear that the suspension order of the Joint Collector, Visakhapatnam stands stayed. No order as to costs. ________________ V.ESWARAIAH,J Date:26-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary, Government of Andhra Pradesh, Home Department, Secretariat, Hyderabad. 2. The Joint Collector, Visakhapatnam. 3.. 2CCs to 4. 2CD copies